SeniorSmart.com Terms and Conditions of Use
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© Simmons Senior Services, LLC 2020
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SECTION 1 – CUSTOMER SERVICE ENQUIRIES
SeniorSmart (Simmons Senior Services, LLC) 2100 Southbridge Parkway, Suite 650 Birmingham, AL 35209. Toll-free Telephone: 833-303-0983. firstname.lastname@example.org.
SECTION 2 – INCLUSIONS
Membership includes access to “Premium” content on the SeniorSmart website, access by telephone or email to SeniorSmart advisors, weekly digital updates, and eligibility for “concierge” services. (Concierge services require a fee-for-services.)
SECTION 3 – GENERAL CONDITIONS
Communication with you (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The material contained on SeniorSmart website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 – PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
SeniorSmart does not accept commissions, rebates, or compensation for referral of our members to any service provider. In some instances, a commission may be offered by the referred third-party (such as an assisted living community). In such cases, the commission or referral fee will be passed to our Member through a reduction of our fee or directly to our Member.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate account information. You agree to promptly update your account and other information, including your email address, postal address, billing address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We agree to promptly resolve any payment disputes and notify you in writing of our resolution. You may cancel your service at any time.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include services and/or materials from third-parties. SeniorSmart makes recommendations to Members based upon all available first-hand knowledge but does not warrant the work or services of third-parties. All due diligence is made to ensure our recommendations are accurately presented to Members, however SeniorSmart is not liable for actions or failures of third-parties to satisfy Member services or products.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SeniorSmart website does not accept advertising or promotional material from third-parties. SeniorSmart does not accept commissions, kick-backs, or remuneration in currency or in-kind from anyone for referral or listing or mention in editorial matter on the website.
SECTION 9 – “CONCIERGE” SERVICES
Personalized services to members which are complex are fee-for-service. Upon acceptance of a Concierge Agreement (which is a separate contract from the general membership) we will estimate the scope of work to be done and provide the member with a price for the service. Unless the scope of work changes, we will guarantee not to exceed the quoted price. If the scope of work is modified during we will provide the member a modified price and outline the changes ordered.
SECTION 10 – PERSONAL INFORMATION
10:1 WHAT DO WE DO WITH YOUR INFORMATION?
When you provide personal information, we collect the information you give us such as your name, address and email address. We also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
We will not combine information collected from your browser or device with personal information you have submitted without your prior consent. We only use this information for statistical and internal purposes including improving the functionality of our websites or mobile apps for our users.
Only authorized SeniorSmart staff and security vendors can view your personal information once we receive it.
From time to time, we may invite you to participate in surveys or other services designed to improve your Member experience. We will always advise you of how your information is intended to be used
Customers may choose to be removed from SeniorSmart email lists at any time by changing communication preferences in their account settings.
We will use your personal information provided to it for our primary purposes and secondary purposes. By agreeing to this policy, you consent to us using your personal information for the following:
- Providing you with services you have ordered, or contacting you in relation to these orders
- Answering direct inquiries
- Informing you of new products or services which may be of interest to you
- Providing customer service
- Complying with legal obligations where necessary
- Allowing us to run our business and perform administrative and operational tasks, such as:
developing and marketing products and services;
systems development and testing, including our websites and other online channels;
undertaking planning, research, and statistical analysis;
- Billing and account management
- Improving our products, services and websites
- Improving our marketing and promotional efforts
- Improving the accuracy of the personal information we hold
We may also use your personal information to get a better understanding of your needs. Unless you tell us otherwise, we may use this information to bring you products and services which we believe will benefit you. Upon receiving new products and services for the first time, you will be given the option to opt-in immediately to receive future offerings of the item in question.
If you engage SeniorSmart Concierge advisors your personal financial and medical information may be used to develop a personalized Care Plan. This information is not shared with anyone without your prior written approval. SeniorSmart complies with all HIPPA requirements as it applies to your medical and healthcare information.
SeniorSmart will not share your data with anyone without your express written permission after being fully advised as to the purpose for sharing personal data.
SECTION 10:2 – CONSENT
How do you consent?
When you provide us with personal information to complete a transaction, verify your credit card, request Concierge Services, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say “no”.
SECTION 10:3 – DISCLOSURE
Personal information will not be used for any other purpose without the consent of its provider unless we are required by law to disclose that information. Except that we may be required to disclose personal information to third parties in order to provide a service that you requested.
Other than in circumstances such as these, we will not disclose personal information provided, such as name, address, email address or telephone number, to anyone unless you have clearly and directly authorized us to do so.
SECTION 11 – PAYMENT
Payment is completed using Stripe, your credit card data is stored. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as you remain a member.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information.
SECTION 12 – EMAIL DELIVERY
Our communication with you is administered through our proprietary server. This means some of your information is stored on a server managed by a third party but administered by SeniorSmart. This includes your email address, IP address and certain information about the links you click within the emails we send you. We will never share your personal information with any other party, unless legally compelled to do so, and will only contact you if you initiate contact with them first.
SECTION 13 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers such as service providers we recommend to you have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. Their respective privacy policies are listed below:
When you click on links on our website, they may direct you away from our site. This in no way constitutes an endorsement of those sites or their content and SeniorSmart has no control over the conduct of the companies or organizations operating those sites. Before you disclose any personal information to such a site, we advise you to check its terms and conditions, including its privacy and security policies.
SECTION 14 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. We encourage you to play an important role in keeping your personal information secure, by maintaining the confidentiality of any passwords and account details used on our websites. It is your sole responsibility to maintain such confidentiality and SeniorSmart will not be liable for any damage, loss or expense suffered due to such disclosure.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 15 – COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_ga _gat _gid – Google Analytics data
_viewed _articles – articles on the website that have been viewed
_stripe_mid _stripe_sid – Stripe payments data
SECTION 16 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 18 – ACCESSING YOUR INFORMATION
We take reasonable precautions to ensure that the personal information we collect and use is complete, relevant and up-to-date. However, the accuracy of the personal information we receive depends to a large extent on the information you provide. We recommend you let us know if there are any errors in your personal information by contacting us.
SECTION 19 – MAKING A COMPLAINT
If you have a concern about your privacy, you have a right to make a complaint and we’ll do everything we can to put matters right.
To lodge a complaint, please get in touch with us using the contact details provided below. We will review your complaint and resolve it proptly.
We acknowledge every complaint we receive and provide contact details of the investigating officer. We keep you updated on the progress we’re making towards resolving your issue.
Usually, it takes only a few days to resolve a complaint. However, if we’re unable to provide a final response within 30 days, we’ll contact you to explain why and discuss a timeframe to resolve the complaint.
SECTION 20 – CONTACTING US
You can unsubcsribe from our mailing list, by choosing “Update my preferences” at the bottom of any email we send you from this provider.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at members@.seniorsmart.com.
SECTION 21 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related
SECTION 22 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 23 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. We reserve the right to modify the content, inclusions, type and availability of any digital or print product at any time. We reserve the right under special circumstances to enable free access to our subscriber content for a limited period of time. During this time customers will not be eligible for a refund. If any or all of our digital products are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 24 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless SeniorSmart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 25 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 26 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 27 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, Communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 28 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Alabama.
SECTION 29 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 30 – TERMS AND CONDITIONS CONTACT INFORMATION
Questions about the SeniorSmart.com Terms and Conditions should be sent to us at email@example.com.