Terms & Conditions

Terms and Conditions

Details: Category: Terms & Conditions; Written by Sally Thimm OTRL

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THEY AFFECT YOUR LEGAL RIGHTS AND RESPONSIBILITIES INCLUDING BUT NOT LIMITED TO: YOUR INDEMNITY, MANDATORY ARBITRATION, WAIVERS OF RIGHTS, AND LIMITATION OF LIABILITY. These terms apply to SallyCares.com or the “Site” and Sally Cares, Inc. By using this “Site” you signify your willingness to agree to the Terms and Conditions as noted. If you DO NOT AGREE to all of the Terms and Conditions of use, DO NOT USE THIS SITE.

SallyCares.com and Sally Cares, Inc. reserve the right to update these Terms and Conditions at any time. Your continued use of the SallyCares.com “Site” represents that you accept and agree to any and all changes that are made.

These Terms also apply to interactive features or downloads that are featured on the “Site.” A separate Terms of Service may apply in addition to the existing Terms of Service, when additional conditions are outlined associated with a Form, Service or Product offered by the “Site,” (“Additional Terms”) the Additional Terms are incorporated by reference into these Terms, unless specifically stated otherwise. The following Terms acknowledge your consent to the collection and use of your data in accordance with the Sites’ Privacy Policy.

Table of Contents

1. Ownership of Site Materials

2. Use of Content

3. The “Site” Does Not Take The Place of Your Medical Professional’s Advice

4. Liability of Sallycares.com or “The Site” and Sally Cares, Inc. and its Licensors

5. Information You Submit- Written, Image, Video and Audio

6. Account Registration and Passwords

7. General Rules of Site Use and Update to Terms

8. Governing Law, Jurisdiction and No Class Actions

9. Sallycares.com, Care-Partner Community and Member to Member Areas (Public Areas)

10. Search and Links to Other Sites

11. Membership and Subscription

12. Indemnification

13. Takedown Procedures-Copyright Complaints

14. Policies (Advertising, Corrections, Editorial)

15. Privacy Policy

1. Ownership of Site Materials

Site materials on Sallycares.com and associated with Sally Cares, Inc. (including past, present and future versions), that are in or are part of the Site, including, without limitation: graphics, layout, text, content, instructions, images, audio, videos, designs, advertising copy, trademarks, logos, domain names, trade names, services marks and trade identities, any and all copyrightable material, the compilation, arrangement and placement on the Site, ie. “The Materials,” are owned, controlled or are used with permission, by Sallycares.com and Sally Cares, Inc., or its affiliates and are protected from unauthorized use, copying, dissemination by copyright, patent, trademark, publicity and all applicable laws, rules, and regulations. With the exception of written permission granted specifically to you by Sallycares.com and/or Sally Cares, Inc., no rights either by implication, estoppel or otherwise are granted to you. Any and all rights to use any Materials not expressly granted to you in writing by Sallycares.com, are reserved for Sallycares.com and/or its subsidiaries, affiliates or licensors. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or assist in challenging the validity or ownership of the Materials. You agree that you will not acquire or claim any rights in or to the Materials, or assist/aid another person in doing so.

Copyright/Trademarks. The entire contents of this Site (including the Materials) are copyrighted under the United States copyright laws and /or similar laws of other jurisdictions. Sallycares.com/Sally Cares Inc. owns a copyright in the coordination, arrangement and selection of the Materials used on the Site.

Third party providers own the copyright(s) that have been awarded to them. You agree not to use or display any such marks associated with any use by you. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express written permission of Sallycares.com/ Sally Cares, Inc., except as is provided in these Terms. Any unauthorized use of the Materials is strictly prohibited. You agree to abide by all additional trademark and copyright notices, and stated restrictions noted in any part of the Site.

2. Use of Content

Sallycares.com/Sally Cares, Inc. allows you to download and view one single copy of the material on the Site, solely for your personal, noncommercial use, if you include the following copyright notice: “© 2012, Sallycares.com. All rights reserved” along with any other copyright and proprietary rights notices that are contained in the original content. It is understood that this is an approval for personal use of Site information and that it is non-exclusive, non-commercial, revocable, non-assignable and non-transferable, and pertains to any and all Material (video, audio, written) on this Site. It is further understood that you do not use the Materials in a way that suggests that you are associated with any of our services, products or brands, that you make no modifications to the Materials, and that you do not participate with or adapt the contents of the Site or the concept of the Site to generate a similar Site or manipulate the Materials in any way that affects the user or Member’s experience with the Site. It is expressly prohibited to use any type of technological data mining process or manual process to monitor, extract data, copy, distribute, broadcast, or circulate to a third party or third party site, or use the Materials for any public or commercial use without the written permission from Sallycares.com and/or Sally Cares Inc.

Any use of the Content not permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Content and information are subject to change or termination without notice in the administrative discretion of Sallycares.com and Sally Cares, Inc. All rights not expressly granted herein are reserved to Sallycares.com and Sally Cares, Inc. and its licensors.

If you violate any of the Terms and Conditions, your permission to use the Content terminates immediately and you must immediately destroy any copies you have made of the Content.

3. The “Site” Does Not Take The Place of Your Medical Professional’s Advice

The Content found on Sallycares.com and affiliated with Sally Cares, Inc. including text, graphics, Images, information obtained from Sallycares.com and Sally Cares, Inc. licensors, and any other material found on the Site are for informational purposes only. The Content is not intended to substitute for or take the place of medical information that you are receiving or have received from any and or all of the medical professionals that are treating you for your medical condition. NEVER disregard or fail to follow the medical advice given by your treating professionals, due to information you have read or found on Sallycares.com, without their consent.

If you are experiencing a medical emergency, call your doctor and/or call 911 immediately. Sallycares.com does not endorse a specific physician, facility, product, opinion, procedure or test that may be discussed on Sallycares.com. Relying on information that is provided by Sallycares.com, Sallycares.com employees, visitors to Sallycares.com and others appearing on the Site at the invitation of Sallycares.com, is solely at your own risk.

If you find any of the Content on this Site offensive, you may not want to use this Site.

4. Liability of Sallycares.com or “The Site” and Sally Cares, Inc. and its Licensors

The use of the Sallycares.com Site and Content is at your own risk. If you are dissatisfied with the Site or any of the material, your exclusive and only remedy is to discontinue using the Site and/or the Content.

When using Sallycares.com, information will be transmitted through media that is beyond the control and jurisdiction of our Site and our suppliers. Sallycares.com and Sally Cares Inc. assumes no responsibility or liability for the delay, interruption, failure or corruption of data or equipment in connection with use of the Sallycares.com Site.

The Sallycares.com Site and the content are provided on an “as is” basis. SALLYCARES.COM AND SALLY CARES INC. WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

(1)THE SITE AND ITS CONTENT, (2) THE DOWNLOADABLE ITEMS, (3) YOUR USE OR INABILITY TO USE OR THE PERFORMANCE OF THE SITE, (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SALLYCARES.COM OR SALLY CARES, INC OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE (5)ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS (6) ANY ERRORS OR OMISSIONS IN THE SITES’TECHNICAL OPERATION, OR (7) ANY DAMAGE TO ANY USER’S COMPUTER HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, MOBILE PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO: DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERUPTION OF NETWORK, LOSS OF PROFITS, LOSS OF DATA, NEGLIGENCE, EVEN IF THE SALLYCARES.COM/SALLY CARES,INC. HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NELIGENCE, STRICT LIABILITY OR TORT (INCLUDING WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE OR THEFT OR DESTRUCTION OF THE SITE). UNDER NO CIRCUMSTANCES WILL SALLYCARES.COM/SALLY CARES,INC. BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGE, INJURY OR LOSS, INCLUDING DEATH AND PERSONAL INJURY. NOTE: SOME STATES, COUNTRIES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS MAY NOT APPLY IN THOSE CIRCUMSTANCES. IN NO EVENT WILL THE SALLYCARES.COM /SALLY CARES,INC. PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES OR CAUSES OF ACTION EXCEED TWENTY UNITED STATES DOLLARS ($20.00). ANY CLAIMS ARISING IN CONNECTION WITH USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

5. Information You Submit

If you submit personal information to the Site, the Privacy Policy will be followed. If there is the potential for inconsistency with the Privacy Policy, the following Agreement will be followed:

The Site contains multiple functional options to disseminate information (including blogs, message boards, user reviews of their experiences, etc.) that allows users to upload Content to the Site in “Public Areas.” You agree that you will not upload or transmit any information or Content of any type to the Public Areas that will infringe or violate the rights of any party. By submitting information to the Public Areas, you agree that such submission is non-confidential and will not follow the Privacy Policy.

When submitting information to Sallycares.com/Sally Cares, Inc. you agree that you will not send information to us via email (through the Contact Us option) that infringes or violates any rights of any party. If you submit business information, ideas, concepts or inventions, you agree that all submissions are non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business idea, concept, information or invention to Sallycares.com/Sally Cares Inc., you automatically grant and/or warrant that the owner of the content or intellectual property has expressly granted Sallycares.com/Sally Cares Inc., a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, distribute and share the communication or content in any media or medium currently known or developed in the future. If you want to keep any business information, ideas, inventions or concepts private, DO NOT SUBMIT them in Public Areas or via email.

Images, Video, Audio Files: You agree to post and/or upload only that information that you have taken yourself, or that you have all rights to transmit and license. You warrant that the information does not violate trademark, copyright, privacy or any other rights of another person or people. You agree that you will not submit any media that contains personal information that identifies you or any person(s) in the media content. It is strictly prohibited to upload images or the information of others without their consent. No uploaded information should include: name, address, contact information, web site of you or anyone else.

It is prohibited to upload information that contains expressions of hate, abuse, offensive images or behavior, obscenity, pornography, sexually explicit material or any material that could give rise to civil or criminal liability under applicable law or regulations or that may be in conflict with these Terms and Conditions and/or the Sallycares.com Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the function of any computer software or the Sallycares.com Site.

By uploading media (written, video, photo or audio formats), you grant Sallycares.com a perpetual, non-exclusive, worldwide royalty – free license to use, print, copy, display, reproduce, modify, publish, post, transmit and distribute any material in the media. In addition you certify that anyone pictured in the media (if a minor that their parent/guardian has given permission for use of the media) and you agree to indemnify Sallycares.com/Sally Cares, Inc. and its affiliates, officers, directors and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from the media and/or your failure to comply with these terms described herein.

Sallycares.com/Sally Cares Inc. reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice at our sole discretion.

6. Account Registration and Passwords

Access to many areas of the Site require Membership to the Site, and if you choose to be a member, you are responsible to provide information that will allow you to participate in certain areas of the Site. You are responsible to provide only true, accurate, current and complete information. You are responsible for taking all reasonable precautions to ensure that no unauthorized persons will have access to your account information and/or password. It is your sole responsibility to: 1. Control the use of your sign in name, screen name and passwords. 2. Authorize, monitor, and control access to your account and password information. 3. Immediately inform Sallycares.com/Sally Cares, Inc. regarding any perception you have that your account or password have been compromised, or if you have a reason you need to deactivate your password. Communicate this information by telephone or through email in the Contact Us section of the Site. You grant Sallycares.com/Sally Cares, Inc. and all persons or entities involved in the operation of the Site, the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site. Sallycares.com/Sally Cares, Inc. assumes no responsibility or liability for any information you submit or for a third parties use or misuse of information transmitted or received using Sallycares.com/Sally Cares, Inc. resources, tools and services.

You agree that you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and account and you accept all responsibility for any activities that occur under your account or password, if any, and for restricting access to your computer or other internet access device, as applicable. Sallycares.com/Sally Cares, Inc. reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. If such action occurs, you will forfeit any monies paid toward subscription fees.

7. General Rules of Site Use and Update To Terms

You represent and warrant that you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms and Agreements in your jurisdiction and to comply with these Terms and Agreements. You warrant that all information you provide to the Site is true, accurate, complete and current and you hold all rights necessary to enter into and perform your obligations under these Terms and Agreements. You agree to maintain all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Site and you are responsible for all charges related hereto. It is understood that this web site is not purposefully collecting information of children under the age of 13, and that if any children age 18 or younger, use this Site, they are with a Guardian.

Sallycares.com/Sally Cares, Inc. reserves the right to modify or add to these Terms and Conditions at any time without prior notice. You agree that it is your responsibility to monitor and maintain active awareness of all updates made. The Site may notify you of “Updated Terms” on the Site itself or via a link on the home page of the Site, and that your use of the Site after the update has been posted constitutes your agreement to the Updated Terms. You should review all Terms and any additional Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such time as noted in the Updated Terms, and will apply to your use of the Site from that point forward.

8. Governing Law, Jurisdiction and No Class Actions

Sallycares.com/Sally Cares, Inc. is based in the State of Florida, in the United States of America. You expressly agree that exclusive jurisdiction for any dispute with Sallycares.com/Sally Cares, Inc. or in any way relating to your use of the Site, resides in the courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Sallycares.com/Sally Cares, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

Arbitration. Except with respect to the protection and enforcement of the intellectual property rights of Sallycares.com/Sally Cares, Inc. and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Terms or the Site, shall be resolved by Mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer Related Disputes. Any claim, cause of action or proceeding shall be arbitrated on an individual basis and without resort to any form of class action. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award.

The failure of Sallycares.com/Sally Cares, Inc. to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit a future action by Sallycares.com/Sally Cares, Inc.’s rights with respect to such breach or subsequent breaches. No waiver of these Terms will be of any force or in effect, unless made in writing and signed by an officer of Sallycares.com/Sally Cares Inc. If any of these Terms are deemed unlawful, void or unenforceable, then that portion of the provisions will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are provided as a matter of convenience and have no legal or contractual effect. It is understood that all Terms and Conditions are effective as of each update.

9. Sallycares.com, Care-Partner's Corner and Member to Member Areas (Public Areas)

If you use a Public Area, such as a message board, Blog or Forum within the Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. If there is a case where you feel threatened or believe someone is in danger, contact your local law enforcement agency. If you believe you or someone else is having a medical emergency, call 911 immediately.

Recognizing that posting information in a Public Area has far reaching effects, you agree that the following actions shall be construed as a breach of these Terms and Conditions: (1) Using a Public Area for any purpose that violates local, state national or international law. (2) Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others. (3) Posting material that is inappropriate, obscene, threatening, abusive, slanderous to another person or determined to be inappropriate by Sallycares.com/Sally Cares, Inc. (4) Using another person’s identity (5) Distributing viruses, or harvesting and collecting data about others, including email addresses. (6) Demonstrating behavior that limits another person from using the Public Area on the Site (7) Behavior that exposes Sallycares.com/Sally Cares, Inc. or any of its Members/Subscribers to any type of real or perceived liability or concerns of any type.

Sallycares.com/Sally Cares, Inc. reserves the right to do the following:

(1) Remove communications that are inappropriate, abusive, illegal, disruptive and do not conform to the Terms and Conditions noted herein.

(2) Terminate a user’s access to any and all Public Areas and/or the Site, due to a breach of the Terms and Conditions.

(3) Record dialogue in any Public Area.

(4) Edit or delete any communication posted on the Site that is thought to be incorrect, inappropriate or unfounded, whether or not it adheres to the Terms and Conditions of the Site.

(5) Investigate any complaint or concern regarding content on the Site and determine whether or not the information requires removal from the Site.

10. Search and Links to Other Sites

Sallycares.com/Sally Cares, Inc. may provide links to third-party web sites to help you locate information, but Sallycares.com/Sally Cares, Inc. does not recommend and does not endorse the content of linked third-party websites, and is not responsible for the third-party web site content, accuracy, products (payment and delivery), services or advertisements. Your use of a third-party web site is at your own risk and subject to the Terms and Conditions of their site. It is your responsibility to review all third-party sites’ policies, rules and regulations.

11. Membership and Subscription

Sallycares.com is a division of Sally Cares, Inc. and is a subscription based web site (Site), that provides health care related educational information to Patients, Care-Partners and health care providers, in the form of three types of memberships; Three month membership ($60), an Annual Standard Membership ($99), and an Annual Platinum Membership ($199). Corporate Memberships are quoted a fee on an individual basis. Due to the nature of the Site, there are no refunds for cancellation of a three month membership, and a pro-rated cancellation policy of an Annual Membership. It is understood that the Site contains educational information that is designed to support the management of patient care in the home setting. All questions related to Memberships and Subscriptions are addressed on an individual basis through “Contact Us” on the Site.

12. Indemnification

You agree to defend, indemnify, and hold harmless Sallycares.com/Sally Cares, Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, investigations, costs, damages, judgments, settlements and expenses, including attorney’s fees, that directly or indirectly arise from or are directly or indirectly related to: User Content, Your use of the Site or the Site’s activities, your breach of the Terms and Conditions, your violation of laws, rules, codes, regulations, statutes, ordinances, information transmitted through your computer or other device used to access the Site.

13. Takedown Procedures-Copyright Complaints

We prohibit users from posting, sharing or transmitting materials that infringe upon the copyright of others. Sallycares.com/Sally Cares, Inc. does not permit material to be on the Site, known by us to infringe another party’s copyright. We will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement. If you believe any material on our Site infringes a copyright, please use Contact Us and inform us immediately. We will terminate any Members, at our discretion, who knowingly post information that infringes on an existing copyright.

14. Policies (Advertising, Corrections, Editorial, Privacy)

Advertising Policy

The following guidelines have been established by Sallycares.com/Sally Cares, Inc. to govern various aspects of Advertising on the Sallycares.com website, which includes websites and mobile applications directed to consumers. Sallycares.com/Sally Cares, Inc. has sole and absolute discretion with respect to the interpretation and enforcement of this policy and all issues associated with advertising on Sallycares.com. Sallycares.com/Sally Cares, Inc. may change the policy at any time in its sole discretion by posting a revised policy.

Sallycares.com/Sally Cares, Inc. retains sole discretion for determining the types of Advertising that will be accepted and displayed on the web site, and under no circumstances will the acceptance of any Advertisement be considered an endorsement of the product(s) advertised, or for the company that advertises, manufactures, distributes or promotes the products or services.

The following types of Advertising will not be permitted by Sallycares.com/Sally Cares, Inc. at any time. The categories include but are not limited to:

· Information that is factually inaccurate and not in good taste

· Illegal or “objectionable” products, as determined by Sallycares.com/Sally Cares, Inc.

· Fraudulent, deceptive, illicit, misleading, or offensive material

· Material that misrepresents, ridicules, discriminates (real or implied) or attacks an individual based on age, race, gender, national origin, religion, sexual orientation, marital status, disability or any other status deemed inappropriate by Sallycares.com/Sally Cares, Inc.

· Tobacco use of any kind

· Alcohol

· Pornography

· Weapons, firearms, ammunition or fireworks

· Simulation of news or an emergency

· Material that directly advertises products to or is intended to attract children under the age of 13

· Unreasonable or unlikely product or service claims, including but not limited to “miracle cures”

Advertising associated with Sallycares.com/Sally Cares, Inc. may not link to a registration/email capture page. Any user registration or email capture pages resulting from an ad click on Sallycares.com/Sally Cares, Inc., must be a minimum two clicks away from the original Advertisement. Sallycares.com/Sally Cares, Inc. will not run Advertising that requires registration and/or log in, in order to view a significant portion of the content of the Advertising or the related site. Sallycares.com/Sally Cares, Inc. reserves the right to determine what level is “significant.”

Sallycares.com/Sally Cares, Inc. reserves the right to determine whether it will accept, cancel, reject and/or remove Advertising from the web site for any reason, and will provide notice to the advertiser upon rejection, cancellation or removal of the Advertising, with an explanation of why the action was taken. It is the Advertiser’s responsibility to comply with all domestic and foreign laws and regulations applicable to its Advertising within the Sallycares.com/Sally Cares, Inc. web site.

The Advertiser agrees to include all legally required disclosures and statements that are required by any agency that regulates the product or service being Advertised. This would include but not be limited to the following agencies: current FDA guidelines for Direct to Physician (DTP) and Direct to Consumer (DTC) advertising.

Sallycares.com/Sally Cares, Inc. will not monitor compliance with such laws and regulations. Sallycares.com/Sally Cares, Inc. reserves the right to review all Advertising for compliance with applicable laws and regulations, and may remove the Advertising from the web site if it is determined that such Advertising constitutes a breach of any applicable law or regulation of the stated guidelines.

No Advertising on Sallycares.com/Sally Cares, Inc. will include any tags, pixels, flash containers, or any other type of information collection software code or shall place any beacons, cookies or other information collection devices on the browsers of users of Sallycares.com/Sally Cares, Inc., unless approved in writing by Sallycares.com/Sally Cares Inc.

Corrections Policy

Sallycares.com/Sally Cares, Inc. is committed to provide you with clear, accurate, error-free information. It is our policy to make corrections or clarifications to original content when necessary. It is our intention to promptly correct and/or edit content when necessary. Content correction would include but not be limited to; spelling, grammar, or style changes. Changes will be updated on the site without notice. If corrections are made to content material, including but not limited to factual or substance errors, we will update the content and note the corrections on the front page of the web site, for your reference. This correction only applies to Sallycares.com/Sally Cares, Inc. original content. Any corrections to licensed or third party content are the responsibility of the provider of that content.

If you believe there is an error in any of our content, please contact us immediately through our Contact Us link and a Customer Service Team Member will review your concern and respond.

Editorial Policy

Editorial Integrity- It is our intention to provide informative, accurate, objective and trustworthy information through Sallycares.com/Sally Cares, Inc. We hope to assist you in your search for information associated with finding solutions to manage a loved one’s care, and/or your care while providing supportive ideas and tools to help caregivers cope with their situation and try to meet their needs. Information provided through Sallycares.com/Sally Cares, Inc. should never be considered as a substitute for the instruction and treatment suggestions that are provided by your healthcare providers. Information provided on this site may not be applicable to you, and we rely on you to choose information that you feel is most appropriate for you. You should always seek a medical professional to evaluate your clinical symptoms. Never disregard professional medical advice or delay seeking medical help due to information you have read on this site or any site.

Editorial Selection Criteria for Original Content Created by Sallycares.com/Sally Cares, Inc.

Sallycares.com/Sally Cares, Inc. creates original content based on clinical relevance to the topics discussed, changes in the healthcare system that are discussed in the media, and information that promotes healthy lifestyles. Our news and feature stories promote education and functional suggestions to improve the quality of people’s lives, often learning from other people’s experiences that have discovered ways to manage their challenges.

All parties who participate in the development of an article must sign an Editorial Content Release Form, which allows Sallycares.com/Sally Cares, Inc. the authority to publish the article and gives Sallycares.com/Sally Cares, Inc. authority to use the information as deemed appropriate on the web site.

News and Original Article Submission-All article submissions to be published on the web site will be reviewed for accuracy by the Editorial Staff. Prior to publishing, the author’s credentials will be verified.

Privacy Policy

Details: Category: Terms & Conditions; Written by Sally Thimm OTRL

Privacy Policy

Sallycares.com/Sally Cares, Inc. realizes the importance of maintaining the privacy of your personal information. This Privacy Policy will tell you what information we collect about you and about your use of Sallycares.com and its services. It will explain the choices you have regarding how your personal information is used and how we protect that information. Please read the Privacy Policy carefully.

References to Sallycares.com, includes Sally Cares, Inc. Sallycares.com may share information among its subsidiaries or web sites that it owns or controls, but information collected under this Privacy Policy is always protected under the terms of this Privacy Policy.

Information Collected About You

Personal Information

If you choose to register or update an existing member profile with Sallycares.com or access certain functionality on the Sallycares.com Web Site, you may be required to submit Personal Information. Personal Information means information that we can use to identify or contact you, such as your name, address, telephone number or email address. Some of our interactive tools and services may request you to submit health information, which would also be considered Personal Information. You are responsible for ensuring the accuracy of the Personal Information that you submit to Sallycares.com. Inaccurate information will affect your experience when using the Sallycares.com web site and tools, and our ability to contact you as described in this Privacy Policy.

Registration

Access to some Sallycares.com interactive tools, videos and services may be limited to users who have registered as members. Some tools may not retain your Personal Information (such as quizzes), while others may store your information in accordance with this Privacy Policy, and the authorization you provide at the time you submit your Personal Information in order to use the tool. Sallycares.com has the ability to use Personal Information that you provide, to send you personalized emails or secure electronic messages. However, Sallycares.com does not allow any third parties to place beacons or cookies or to gather any data about you in connection with your use of the Sallycares.com web site. Sallycares.com does not use any information that you submit in connection with the web site to deliver any advertisements to you from third parties. If you provide your Personal Information to a third party through Sallycares.com, Sallycares.com is not responsible for how your Personal Information is used by that party.

Newsletters and Emails to You

At registration and at various times as you use the Sallycares.com Web Site, you will be given the option of providing us with Personal Information in order to receive recurring information/promotional newsletters-such as a newsletter relating to a specific medical condition-via email from Sallycares.com or directly from a third party. When you sign up for our email newsletters or at any time, you can choose to opt out of receiving additional promotional newsletters from Sallycares.com or our Sponsors.

You can unsubscribe from a newsletter by:

• Following the directions included at the bottom of the newsletter

• Logging in to the Sallycares.com Web Site and unchecking the newsletters you no longer wish to receive under the “My Profile” section.

Email a Friend

If you use our "Email a Friend" service to tell a friend about a feature on the Sallycares.com Web Site or a newsletter, we will ask you for: your name, your email address, and your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site using your name and your email address as the “from” email address. Sallycares.com will not use your friend’s email address for any other purpose. We will only use the information you provide to send the requested email to your friend.

Market Research

Sallycares.com may conduct online research surveys through email invitations, pop-up surveys and online focus groups. When participating in a

survey, we may ask you to enter Personal Information. The Personal Information you submit in a survey may be used by Sallycares.com for research

and measurement purposes, as described below. This research may include questions to measure the effectiveness of content, advertising or

programs. When our market research surveys collect Personal Information we will not knowingly accept participants who are under the age of 13.

Market research surveys conducted by or on behalf of Sallycares.com/Sally Cares, Inc. will contain a link to this Privacy Policy.

Sally Cares Community, Care Partner’s Corner, Blogs and Other Public Forums

Sallycares.com offers a variety of community areas and other public forums where users with similar interests or medical conditions can share

information and support one another or where users can post questions for experts to answer. We also offer online discussions moderated by

healthcare experts. Our communities are open to the public and should not be considered private.

Any information you share (including Personal Information) in any online community area, including a chat room, Care-Partner’s Corner, Questions For Sally, or online discussion is by design open to the public and is not private. You should think carefully before posting any Personal Information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. It is your responsibility to proceed with caution before sharing your Personal Information. As with any public forum on any site, the information you post may also show up in third-party search engines.

If you mistakenly post Personal Information in one of the community areas on Sallycares.com, and would like it removed, you can send us an email to request that we remove it by using the Contact Us link on the Home Page of the web site. In some cases, we may not be able to remove your Personal Information.

Emails You Send to Sallycares.com

This Privacy Policy does not apply to information, content, ideas, inventions, business information or concepts that you send to Sallycares.com by email. Do not send any information that you want to keep private or proprietary in an email to Sallycares.com.

Non-Personal Information

Even if you do not register with or provide any Personal Information to Sallycares.com, we collect Non-Personal Information about your use of the Sallycares.com Web Site. Non-Personal Information means information that we cannot use to identify or contact you. We may also acquire Non-Personal information about our users from other sources. While you may use some of the functionality of Sallycares.com without registration or becoming a member, many of the specific tools and services on the Sallycares.com Web Site require that you register with Sallycares.com.

Cookies and Web Beacons

We collect Non-Personal Information about your use of the Sallycares.com Web Site and your use of other web sites through the use of Cookies and Web Beacons. “Cookies” are small data files that are stored on the hard drive of the computer you use to view a web site. Every computer that accesses the Sallycares.com Web Site is assigned a different cookie by Sallycares.com. “Web Beacons” are graphic image files imbedded in a web page typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the beacon is located, the type browser that is accessing the site and the ID number of any Cookies on your computer previously placed by that server.

Third parties under contract with Sallycares.com may use Cookies or Web Beacons to collect Non-Personal Information about your usage of the Sallycares.com Web Site, including which topics you have viewed. These third party advertising service providers may use this information, on our behalf, to help Sallycares.com deliver advertising on the Sallycares.com Web Site as well as on other sites on the Internet based on your browsing activity on our sites. Sallycares.com may further manage the advertising on these third party sites based on additional Non-Personal Information to the extent known by Sallycares.com/Sally Cares, Inc. or these third parties.

Mobile Device Applications (“Apps”)

When you download and install one of the mobile apps from Sallycares.com onto your mobile device we assign a random number to your App installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of the App. We use this random number in a similar way Cookies are used and described in the Privacy Policy. Unlike Cookies, the random number is assigned to your installation of the App itself and not a browser. The App does not work through your browser. The random number cannot be removed through settings. If you do not want us to use the random number for the purposes for which we use Cookies, do not use the Mobile Device App. Use your mobile device browser to access Sallycares.com Web Site. We do not obtain any information about your mobile device, other than the brand, make model and type of operating software your device uses. Note that certain Sallycares.com Mobile Apps require registration either to use the App or to use certain functionality in the App.

Sallycares.com Apps obtains your consent (via an opt-in) before using information from pin-pointing technology like GPS or cell tower information. You can withdraw your consent (opt-out) for the use of “location” by Sallycares.com at any time by changing your location services in the “Settings” function on your mobile device.

Non-Personal Information Collected by Third Parties Not Acting on Sallycares.com’s Behalf

Sallycares.com participates with third parties to display advertising that reflects the interests and preferences of the members and users of Sallycares.com. Sponsors or advertisers on the Sallycares.com Web Site may use their own Cookies, Web Beacons or other online tracking technologies in the banner advertisements served on the Sallycares.com Web Site and in emails, special promotions or newsletters we send you. Their advertisements may be displayed on the Sallycares.com Web Site or on other sites that you visit, after you visit the Sallycares.com Web Site. Some advertisers use companies other than Sallycares.com to serve their ads and to monitor users’ responses to ads, and these companies (“Ad Servers”) may also collect Non-Personal Information through the use of Cookies or Web Beacons on the Sallycares.com Web Site.

Sallycares.com does not control how third parties use Cookies or Web Beacons or how they manage the Non-Personal Information they gather through the use of these technologies on the Sallycares.com Web Site. We do require sponsors, advertisers and Ad Servers who collect Cookie or Web Beacon information through the Sallycares.com Web Site, that they will not collect any Personal Information from the Sallycares.com Web Site without your consent. They have promised us that they will not link any Non-Personal Information collected by them on the Sallycares.com Web Site to Personal Information they or others collect in other ways or from other sites, except as may be connected with a particular program.

The Choices That You Have

Updating/Removing Your Personal Information

If you do not want your Personal Information used by Sallycares.com/Sally Cares, Inc. as provided in this Privacy Policy, you should not register as a member or for any specific tool or application that collects Personal Information. You can correct, update or review Personal Information you have previously submitted by going back to the specific tool or application, logging in and making the desired change. You can also update any Personal Information you have submitted by contacting us using the contact information listed below.

If you have registered and desire to remove or delete any of your Personal Information you have provided to us from our systems please contact us, using the contact information listed below. Upon your request, we will delete your Personal Information from our active databases and where feasible from our back-up media.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the Sallycares.com Web Site from our servers.

If you decide that you would prefer not to receive personalized email or secure electronic messages from Sallycares.com, you may contact us using the information below and change your email preference or follow the unsubscribe instructions included in each promotional email.

Cookies

Most browser software can be set to reject Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the “Help” section of the toolbar. If you reject our Cookies, certain functions and conveniences of the Sallycares.com Web Site may not work properly, but you do not have to accept our Cookies in order to have use of the web site. In order to use the “Opt-Out” Services described below, such as the Network Advertising Initiative and the TRUSTed Ads Program, you must not reject all Cookies because these opt-out procedures work by placing Cookies on your browser that enable these opt-out procedures to function. The “opt-out Cookies” are placed to prevent the placement of Cookies used for the targeting of advertising.

Some Ad Servers allow you to prevent them from collecting data through the use of Cookies. In order to do so, you must Opt-out of such data collection with each individual site. Currently you can opt out of Cookies for several Ad Servers by visiting the Network Advertising Initiative gateway opt-out site or TRUSTe’s Preference Manager at http://preferences.truste.com/. This web site will also allow you to review the Ad Server’s privacy policies. You can find additional information and resources about how to opt out of advertising and related Cookies by visiting the World Privacy Forum’s Site.

How Information Collected About You Is Used

Information about you collected by Sallycares.com is used to:

Administer your account
Provide you with access to particular tools and services
Respond to your inquiries you send to us and to send you administrative communications about Sallycares.com and services it provides.
Obtain your feedback about Sallycares.com’s Web Site or our offerings
Statistically analyze user behavior and activity including how frequently areas of the site are visited and how many emails are received and opened.
Provide you with relevant content or advertising both on Sallycares.com’s Web Site or on other web sites that you visit after you leave Sallycares.com
Conduct research and measurement activities, including those described below.

Sallycares.com may combine Personal and Non-Personal Information collected by Sallycares.com about you, and may combine this information with information from external sources. Sallycares.com has the ability to use Personal Information that you provide to send you personalized emails or secure electronic messages. During registration or at any time, you have the option of choosing whether or not you wish to receive emails pertaining to your interest areas, announcements, reminders and opportunities.

Sallycares.com also uses Cookies to enable us to conduct surveys for our own use and on behalf of our advertisers. These Cookies are used to determine whether you have seen certain content or advertising so that we may request your opinions. We may also use Cookies to authenticate respondents or to help you pick up where you left off in a survey. If you have Cookies disabled you may not be able to participate in some surveys.

Research and Measurement Activities

Information that Sallycares.com/Sally Cares, Inc. collects about you may be combined by Sallycares.com/Sally Cares, Inc., with other information available to Sallycares.com/Sally Cares, Inc. through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. The information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report combined information, which is not able to be identified back to an individual user of the Sallycares.com web site, to our current or potential advertisers and other business partners. We do not sell or share any Personal Information with any third parties, except contractors performing services on our behalf who agree not to use this information received from us for any purpose other than performing services on our behalf.

Who We Share Your Information With

Except as described in this Privacy Policy or as specifically agreed to by you, Sallycares.com/Sally Cares, Inc. will not disclose any Personal Information it gathers from you through the Sallycares.com web site. We may only release Personal Information to third parties to:

Comply with legal requirements such as a law, regulation, search warrant, subpoena or court order.
In special cases, such as in response to a physical threat to you or others to protect property or defend or assert legal rights.
In the event of a corporate change in control resulting from a potential sale or merger with another entity or in the event of a sale of assets or a bankruptcy. Sallycares.com/Sally Cares, Inc. reserves the right to transfer your Personal Information to the new party in control, or the party acquiring assets.

In the event of a change of this type, your Personal Information will continue to be treated in accordance with this Privacy Policy unless any changes to the Privacy Policy are made in accordance with the section below that discusses changes to this Privacy Policy.

Disclosures made to Sallycares.com/Sally Cares, Inc.

Sallycares.com/Sally Cares, Inc. contractors may have limited access to your Personal and Non-Personal Information in the course of providing products or services to Sallycares.com. The contractors include vendors and suppliers that provide technology, services, data analysis, research, advertising and marketing assistance and/or content for the operation and maintenance of the Sallycares.com web site. We require that our operations and maintenance contractors protect the privacy of your Personal and Non-Personal Information consistent with our Privacy Policy, and not use or disclose your Personal or Non-Personal Information for any purpose other than providing their limited service for Sallycares.com/Sally Cares, Inc.

Disclosures to Third Party Web Sites

Certain content, services and advertisements offered to you through Sallycares.com/ Sally Cares, Inc. web site are served on, or contain links to web sites hosted and operated by a company other than Sallycares.com/Sally Cares, Inc. Sallycares.com/Sally Cares, Inc. does not disclose your Personal Information to Third Party Web Sites without your consent, but be aware that any information you disclose to the other web sites, once you access

these other web sites, is not subject to this Privacy Policy. Sallycares.com/Sally Cares, Inc. does not endorse and is not responsible for the privacy practices of the Third Party Web Sites. It is your responsibility to review the privacy policies on the Third Party Web Sites to understand how the respective sites collect and use your Personal Information.

Sallycares.com/Sally Cares, Inc. makes an effort to make it obvious to you when you leave Sallycares.com and enter a Third Party Web Site, whether by requiring you to click on a link or by notifying you on the site before you visit the Third Party Site. Note: If you see notices such as “Powered by” or “in association with” followed by the name of a company other than Sallycares.com/Sally Cares, Inc., then you are on a web site hosted by a company other than Sallycares.com.

How Your Information is Secured and Retained

Sallycares.com/Sally Cares, Inc. attempts to take reasonable security measures to protect the security of your Personal Information. Despite our efforts to protect your Personal Information, there may always be a risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.

The security of your Personal Information is very important to us. When you enter Personal Information (including personal health information, which you may enter at your discretion), we encrypt the transmission of that information or use SSL connections technology.

We will retain your Personal Information as long as your account is active or needed to provide you services. At any time you can remove your Personal Information or instruct us to remove it, but you should be aware that it is not technologically possible to remove each and every record of the information you have provided to Sallycares.com/Sally Cares, Inc. from our servers. Sallycares.com/Sally Cares, Inc. has tools that collect and store Personal Information, that allow you to correct, update or review information you have submitted by going back to the specific tool, logging-in and making the desired changes. We will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes and enforce our agreements.

Children

We are committed to protecting the privacy of children. Sallycares.com/Sally Cares, Inc. web site is not designed or intended to attract children under the age of 13. Sallycares.com web site does not collect Personal Information from anyone known to be under the age of 13. A parent or guardian is solely responsible for providing supervision to any minor that uses the web site.

Contacting Sallycares.com/Sally Cares, Inc. Regarding Your Personal Information or Privacy

Contact us by email using the “Contact Us” link at the bottom of the home page on our web site, if you have any questions about the Privacy Policy or use of your Personal Information.

To contact us via regular mail:

Sallycares.com

P.O. Box 1151

Venice, Florida 34284-1151

Phone: 941-492-2433

Facsimile: 941-492-2446

Changes to The Privacy Policy

We reserve the right to change or modify this Privacy Policy or any of our tools or services at any time, and any changes will be effective upon being posted, unless we advise otherwise. If we make any material changes to this policy we will notify you by email (sent to the email address specified when you register) and /or by means of a notice on this web site, prior to the change becoming effective. We encourage you to periodically review this web site for the latest information on our privacy practices. If you do not accept the terms of this Privacy Policy, we ask that you do not register with us and that you do not use the Sallycares.com web site. Please exit the Sallycares.com web site immediately if you do not agree to the terms of this Privacy Policy.

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