Internet Privacy & Cookies Policy
Last Modified: July 30, 2021.
The Berkeley is committed to protecting and respecting your privacy. Any reference to "we", "us", or "our" in this Policy shall refer to the Community. This Policy has been created in order to demonstrate and inform you of our firm commitment to privacy. The following Policy describes how we collect, protect and use information we receive from visitors to our website (the "Site") or prospective consumers. This Policy applies to information collected through the Site as well as information about you collected through any other means, including information you may provide to us other than on the Site.
The Information We Collect
There are two kinds of information the Site can obtain about you:
- Anonymous Information: Anonymous Information is aggregate data that web sites use to administer their site. It may include such information as your browser type or your Internet Protocol (IP) address. We may from time to time retain third parties to help us collect and aggregate Site visitor information.
IP Addresses. An IP address is unique string of numbers that is assigned to your computer by your Internet Service Provider (ISP). Web servers automatically identify your computer by its IP address. We use your IP address to help diagnose problems with our server, to administer the Site, avoid hacking attacks on the Site' servers, and may use it to gather broad demographic information.
- Personally Identifiable Information: Personally Identifiable Information is any information that personally identifies you, such as your name, address, email address or your telephone number. Sometimes this personal information is needed when you contact us. We may ask you to provide us with personal information on a voluntary basis in certain areas of the Site. In particular, you may be asked to provide the following information: Name, Address, E-mail Address, and Telephone Number.
Email Correspondence. The Site may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions and ask questions. Your email address is required on this form so we can answer your questions, and we want your name, too, so we can address our answer in a professional way.
How We Use Gathered Information
The information you share with us may be used in a few ways:
- Anonymous Information: Anonymous Information is used internally for Site administration, troubleshooting and to help improve the quality of the web page. We may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective business partners and advertisers.
- Personally Identifiable Information: Personally Identifiable Information collected by us may be used for purposes including administration of the Site and communications with you. We also may disclose Personally Identifiable Information if we are required to do so by law or we in good faith believe that such action is necessary to (a) comply with the law or with legal process; (b) protect and defend our rights and property; (c) protect against misuse or unauthorized use of the Site; or (d) protect the personal safety or property of our users or the public.
- We may use the information collected to notify you of changes made to our Site, to send you promotional materials, and to determine what information and services users want the most. If you contact us for assistance or support, we may use your information to provide service and support to you. We may also provide the information to third parties who assist us in contacting customers about special offers and other Community services, programs or events that would likely be of interest to you. We may share personally identifiable information, such as demographics, with existing and prospective business partners and advertisers that may be of interest to you.
- When you submit your information, you agree to be contacted by a Community representative at the telephone number or email address you provided to respond to your inquiry. You agree that we may use automatic telephone dialing systems and technology to contact you by phone or text message at the telephone number provided, and send you email notifications regarding promotions and related material on senior living options.
We support the right of our visitors to choose. If you decide that you do not wish to receive special offers or promotional communications, you can contact us indicating that you no longer want to receive information relating to the Site.
Access and Correction
You have a right to know about the personal information that we hold about you, including the right to correct, amend or delete the information that we have on file if it is incorrect. If you wish to exercise these rights please contact us.
The Site incorporates appropriate safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information we have collected. We have put in place reasonable precautions to protect information from loss, misuse and alteration. While on a secure page, the lock icon on the bottom of Web browsers such as Google Chrome, Mozilla Firefox and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, when you are just "surfing". Security of information communicated by or to us over the Internet is of utmost concern to us; unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Please note that your email or other electronic correspondence with us through the Site, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use email or the contact forms provided through the Site to communicate information to us that you consider protected or confidential. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or through the Site, and you do so at your own risk. Once we receive your transmission, we will use reasonable efforts to ensure its security on our internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived. If you wish, you may contact us instead via telephone at the numbers provided throughout the Site.
Disclosure of Customer Information Through Business Transfers
As we continue to develop our business, we may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, user information may be among the transferred assets. Similarly, in the event that a portion or substantially all of our assets are sold or transferred to a third party, customer information (including your email address) would likely be one of the transferred business assets.
Our Commitment to Children's Privacy
Protecting the privacy of children is very important to us. The Children's Online Privacy and Protection Act of 1998 ("COPPA") defines a "Child" as anyone under the age of 13. We strictly adhere to COPPA. For that reason, we do not collect or maintain information obtained through the Site from those we actually know are under 13, and no part of the Site is structured to attract anyone under 13.
Consent and Jurisdiction
This Site is controlled, operated and administered entirely within the United States. By using the Site, you signify your agreement to the terms of this Policy. If you do not agree with this Policy, please do not disclose any personal information through the Site. This Policy and the use of the Site are governed by the law of the location of the Community. Any claim related to the Site or this Policy shall be brought in a federal or state court of proper venue and jurisdiction within one year after the claim arises. Users of the Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Policy. This Policy and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.
The information presented on our Site regarding health and health care is informational purposes only. This information does not constitute medical advice, and should not serve as the basis for any medical decision. Please consult with a physician or other medical professional should you have questions.
While we use reasonable efforts to include accurate and up-to-date information on our Site, the Community makes no warranties or representations as to the accuracy or completeness of the Site's information. We shall not be liable for any damages or injury (including, but not limited to, any special, indirect, incidental or consequential damages) resulting from your reliance on any information provided in the Site. By using our Site, you assume the risk that the material and information may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. In addition, the Community assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing the Site, or your downloading of any material, text, or graphics from or through the Site.
Without limiting the foregoing, everything on the Site is provided to you "AS IS" and the Community SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS.
You agree to indemnify and hold the Company harmless from any claim or demand, made pursuant to the provisions herein, under the Digital Millennium Copyright Act, under the Copyright Act of 1976, the Lanham Act, or claims arising under any other statute or law, including reasonable attorneys' fees, made by any third party or federal agency due to or arising out of your breach of these policies, your use of this Site, or your violation of any law or the rights of any third party.
Special Notice to California Residents
If you are a California resident and request information about how to exercise your third-party disclosure choices, please send a request to us with a preference on how our response to your request should be sent.
We may change, modify, add and/or delete all or portions of this Policy at any time, at our discretion, and modifications are effective upon being posted on the Site. If we decide to change this Policy, we will post those changes on the home page of the Site and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. You are responsible for reviewing this Policy periodically to ensure that you are aware of any changes to it. If we make material changes to this Policy, we will notify you by means of a notice on the Site's home page.
Account Revisions, Revoking and Deleting Personal Information
We welcome your questions, comments and all feedback pertaining to your privacy or any other issue with regard to the Site.
At any time, you may revoke your consent, cease further use of your email address to send you updates, and direct us to delete the information you have supplied. Although it is not always possible to remove or modify such information, we will make reasonable efforts to do so. If you have given us information for one of those third parties we mentioned above and we have already passed it on, we cannot delete or change the information.
In the event that you have given us Personally Identifiable Information in the past and then have second thoughts or want to update it, please contact us through the Site.
HIPAA is the Health Insurance Portability and Accountability Act of 1996, as amended. Under HIPAA and its accompanying regulations, we are required to maintain the privacy and security of your protected health information, or PHI. We must follow the duties and privacy practices described in the below Notice of Privacy Practices and give you a copy of it. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your PHI.
NOTICE OF PRIVACY PRACTICES
Effective July 30, 2021
THIS NOTICE DESCRIBES HOW PROTECTED HEALTH INFORMATION ABOUT YOU MAY BE USED OR DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
We are required by law to maintain the privacy and security of your Protected Health Information ("PHI") and to provide you with notice of our legal duties and privacy practices with respect to PHI. References to "you" or "your" means the Resident. References to "we" and "our" include the Community and its affiliates and/or related entities. An affiliated covered entity is a group of organizations under common ownership or control who designate themselves as a single affiliated covered entity for purposes of compliance with the Health Insurance Portability Accountability Act of 1996, as amended ("HIPAA"). The Community, its employees, workforce members, and members of the Community's affiliated covered entity who are involved in providing and coordinating healthcare are bound to follow the terms of this Notice of Privacy Practices ("Notice"). For a complete list of the members of the Community's affiliated covered entity, or if you have any questions about this Notice, please contact the Community's Executive Director.
PHI is information that may identify you and that relates to your past, present, or future physical or mental health or condition, the provision of healthcare products and services to you, or payment for such services. This Notice describes how we may use and disclose PHI about you, as well as how you obtain access to such PHI. This Notice also describes your rights with respect to your PHI. We are required by HIPAA to provide this Notice to you.
The Community is required to follow the terms of this Notice or any change to it that is in effect. We reserve the right to change our practices and this Notice to make the new Notice effective for all PHI that we maintain. If we do so, the updated Notice will be posted on our website. Upon request, we will provide a hard copy of the revised Notice to you.
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your PHI.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
OUR USES AND DISCLOSURES OF YOUR PHI
The following categories describe the ways that we may use and disclose your PHI without your prior authorization. Not every permissible use or disclosure will be listed in this Notice. Note that some types of PHI, such as HIV information, genetic information, alcohol and/or substance abuse records, and mental health records may be subject to special confidentiality protections under applicable state or federal law and we will abide by these protections.
- For Treatment-We can use your PHI for providing personal care, medication administration, and other assisted living services to you and can share your PHI with other professionals treating you. Example: A doctor treating you for an injury asks us for information related to your health.
- For Payment-We use and share your PHI to bill and get paid by health plans or other payor parties. Example: We give information about you to your health insurance plan and to your representative so they can pay for your services.
- For Healthcare Operations- We use and share your PHI to run our Community, improve your care, and contact you when necessary. Example: We may use information about you to review our services and evaluate the performance of our staff.
We may share your information without your written authorization in other ways-usually in ways that contribute to public good. We must meet many legal requirements to do this. This includes:
- Help with public health and safety issues-We can share PHI about you in certain situations such as preventing disease, helping with product recalls, reporting adverse events related to medications, reporting suspected abuse, neglect, or domestic violence, or preventing or reducing a serious threat to anyone's health or safety.
- Do research-We can use or share your information for health research.
- Comply with the law-We will share your information with health oversight agencies if the law require it, including with the Department of Health and Human Services if it wants to see that we're complying with federal privacy law.
- Respond to organ and tissue donation requests-We can share PHI about you with organ procurement organizations.
- Work with business associates- There are some services we provide through contracts with third parties who perform services on our behalf. These third party service providers, referred to as Business Associates, may include medical directors, outside attorneys, billing services, and auditors. We may share your PHI with Business Associates so they can perform services for us.
- Work with a medical examiner or funeral director-We can share PHI with a coroner, medical examiner, or funeral director when an individual dies.
- Address workers' compensation, law enforcement, and other government requests-We can use or share PHI about you for workers' compensation claims, for law enforcement purposes or with a law enforcement official, for health oversight agencies for activities authorized by law, and certain special governmental functions (such as national security).
- Respond to lawsuits and legal actions-We can share PHI about you in response to a court or administrative order, or in response to a subpoena.
When it comes to your PHI, you have certain rights. This section explains your rights and some of our responsibilities to you.
- Get an electronic or paper copy of your medical record.
- You can ask to see or get an electronic or paper copy of your medical record and other PHI we have about you. Ask us how to do this.
- We will provide a copy or summary of your PHI, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
- Ask us to correct your medical record.
- You can ask us to correct PHI about you that you think is incorrect or incomplete. Ask us how to do this.
- We may say "no" to your request, but we'll tell you why in writing within 60 days.
- Request confidential communications.
- You can ask us to contact you in a specific way (for example, home or office phone), or to send mail to a different address.
- We will say "yes" to all reasonable requests.
- As us to limit what we use or share.
- You can ask us not to use or share certain PHI for treatment, payment, or our operations-We are not required to agree to your request, and we may say "no" if it would affect your care.
- If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer-We will say "yes" unless a law requires us to share that information.
- Get a list of those with whom we've shared your information.
- You can ask for a list (accounting) of the times we've shared your PHI for six years prior to the date you ask, who we shared it with, and why.
- We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We'll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
- Get a copy of this privacy notice.
- You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
- Choose someone to act for you.
- If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your PHI.
- We will make sure the person has this authority and can act for you before we take any action.
You can ask us how to do each of these things.
For certain PHI, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations below, contact us. Tell us what you want us to do, and we will follow your instructions.
- In these cases, you have both the right and the choice to tell us to:
- Share information with your family, close friends, or others involved in your care
- Share information in a disaster relief situation
- Include your information in our facility's directory.
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
- In these cases, we never share your information unless you give us written permission:
- Most Marketing purposes
- Sale of your information
- Most sharing of psychotherapy notes
- In the case of fundraising:
- We may contact you for fundraising efforts, but you can tell us not to contact you again.
If you provide us with a written authorization to release your information for any reason, you may later revoke that authorization to stop future disclosures at any time.
CONCERNS, COMPLAINTS &REQUESTS
You can complain if you feel we have violated your rights by contacting us using the information in this Notice. If you are concerned that we have violated your privacy rights or if you disagree with or have questions about any decisions we have made regarding access or disclosure of your PHI, or if you have requests or questions, please contact:
convercent.com/report (type: "Community Hotline" in text field)
You may also file a complaint with U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, DC 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
We will not retaliate against you for filing a complaint.
CHANGES TO THE TERMS OF THIS NOTICE
We can change the terms of this Notice, and the changes will apply to all information we have about you, including PHI received before the changes. The new Notice will be available upon request, posted prominently in our office, and on our website.
Last updated and effective: July 30, 2021
The terms, conditions, policies and notices contained in this document (these "Terms") apply to this Community website (the "Site"). Any reference to "we", "us", or "our" in this Policy shall refer to the Community. Please read these Terms carefully before using the Site.
BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF LAW OF WHERE THE COMMUNITY IS LOCATED.
(a) Except as otherwise provided by a third party, all content on the Site, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the "Content"), and the entire selection, coordination, arrangement and "look and feel" of the Site and the Content are the exclusive intellectual property of the Community (collectively, "Intellectual Property Rights").
(b) Neither these Terms nor your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to you. We and our third-party licensors retain all of our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
(c) Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without our express written permission.
(d) The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. The Content of the Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Site is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. We do not make any representations regarding the legality of the Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.
(e) Certain materials on the Site may be furnished by third parties. Certain products, services, or company designations for companies other than us may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.
(f) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our Intellectual Property Rights or under any third party's intellectual property rights. Any rights not expressly granted herein are reserved.
By using the Site, you agree that you shall not:
(a) delete, modify, hack or attempt to change or alter any of the Content on the Site;
(b) attempt to access accounts, computer systems, or networks connected to any of our servers or to the Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Site;
(c) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with administration and operation of the Site or other parties' use of the Site;
(d) use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
(e) use any of our names, service marks, logos, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
(f) use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(g) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; or
(h) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.
Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit, and print the Content available on the Site subject to the following conditions:
(a) you may only use the Content for personal, informational, or non-commercial purposes;
(b) you may not provide, sell, license, or lease the Content for any fee or other consideration;
(c) you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on the Site appear on all copies;
(d) you may not modify or alter the Content in any way; and
(e) you may not use any graphics separately from accompanying text.
Other Sites; Third-Party Content
As a convenience to you, the Site may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink ("Linked Site"). All Linked Site are provided only because they may be of interest to Site users. Information and views contained in Linked Site are not adopted or endorsed by us.
We do not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any Internet sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.
Modifications to Terms
We may change, modify, add and/or delete all or portions of these Terms from time to time by posting updated Terms on the Site, which shall apply to your use of the Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Site immediately.
Termination/Modifications of Site
We reserve the right to modify or terminate your access to the Site or portions of the Site, at any time, temporarily or permanently, with or without notice to you, for any reason, and are not obligated to support or update the Site. These Terms shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entire Site, or charge fees for access to portions of the Site without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site or portions of the Site.
In accordance with the US Federal Digital Millennium Copyright Act ("DMCA"), we have designated an agent to receive notifications of alleged copyright infringement associated with the Site. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us through the "Contact Us" function of the Site. When notifying us of the alleged copyright infringement please provide us with the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.
If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.
Our goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
No Medical Advice
The Site is designed for educational and informational purposes only. The Site does not provide medical advice, diagnoses or recommendations about medical treatment, and does not recommend or endorse any products or information for any particular circumstances. You expressly acknowledge and agree that we are not responsible for the results of any decisions made based on your use of the Site.
THE CONTENT ON THE SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THE SITE OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitations on Actions
You agree that any dispute arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, we may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of where the Community is located, or to any federal court located within the State where the Community is located for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts where the Community is located.
You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.
If you have any questions about these Terms, our practices, or your dealings with the Site, please contact us using the "Contact Us" function of the Site.