Terms of Service
2. Restrictions on Use
The Service is a computer online service. It is accessible to you through a personal computer, or other access device at the Site using a communications connection (such as a modem and telephone or cable line). As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, links to other web sites and other computer services that OAC may decide to offer, subject to the terms hereof. OAC may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use all or part of the Service, at any time in OAC sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation).
The Service is owned and operated by OAC and contains material that is derived in whole or in part from material supplied and owned by OAC and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise expressly provided, you may not modify or prepare derivative works based on any material from the Service (“Material”), including but not limited to code and software, but you may copy and distribute white papers and other related publications on the Site provided that such distribution is made with full attribution to OAC. You may download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by OAC and OAC does not transfer title to any such Material to you.
OAC does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or other statements made public at the Site by visitors through the interactive services available at the Site. Any information or material sent by visitors through such services, including advice and opinions, represents the views and is the responsibility of those visitors and does not necessarily represent the views of OAC.
3. Registration Rules and Guidelines
Should OAC provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify OAC of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.
OAC may choose to send you e-mails on a variety of topics – for example, informing you of information, letting you know of problems with the site or with services offered by OAC, or presenting you with the opportunity to make donations or participate in fund-raising events or buy selected products and services. You may elect during registration to receive these e-mails, and you may stop receiving such e-mails at any time by sending an e-mail to OAC by use of the Contact Us form requesting the opt out.
(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
4. Disclaimer of Warranties
OAC MAY PROVIDE ACCESS TO INFORMATION OR RESOURCES RELATED TO THE CAUSES, DIAGNOSIS, OR TREATMENT OF INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, OR OTHER HEALTHCARE RELATED MATERIAL. SUCH MATERIAL IS PROVIDED FOR YOUR REFERENCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE OR AN ENDORSEMENT OF ANY CLINICAL OR THERAPEUTIC METHOD, TREATMENT, SERVICE OR ORGANIZATION. OAC IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY OR THE SERVICES RENDERED BY ANY THIRD PARTY THAT IS REFERENCED OR TO WHICH ACCESS MAY BE PROVIDED VIA THE SERVICE. OAC HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. OAC DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. OAC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OAC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES OR THE SERVICES PROVIDED BY THIRD PARTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED BY LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
5. Limitation of Liability
IN NO EVENT SHALL OAC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OAC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OAC SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless OAC and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
OAC may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your registration hereunder upon thirty (30) days written notice by you to OAC of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which OAC may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to OAC and its licensors.
OAC reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any principles of conflicts of law. This Agreement is personal between you and us, and no one shall be a third party beneficiary to this Agreement. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Nashville, Tennessee, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by OAC to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of OAC. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
Open Arms Care (OAC) is a 501 (c)(3) non-profit agency, certified as an Intermediate Care Facility for persons with Intellectual Disabilities in the state of Tennessee with locations in Memphis, Nashville, Chattanooga and Knoxville. The services offered by OAC (“OAC” “us” or “we”) include all officially maintained and managed OAC websites (“the Site”), including any sub-sites or micro-sites.
The Policy describes OAC collection and use of users’ Personal Information (e.g., information that identifies a specific person, such as full name, postal address, telephone number, email address, or credit or debit card number) where that information is not otherwise publicly available.) It also describes generally OAC’ practices for handling Other Information (e.g., interests, demographics and site usage) collected from you, through us or from a third party to the extent such information is associated with a particular device, user or user account.
2. INFORMATION WE COLLECT
“Personal Information” is the information that identifies you as an individual, such as name, postal address, telephone number, email address and credit or debit card number.
Personal Information You Submit
We collect Personal Information when you submit it to us, including but not limited to when you submit a donation, register for or subscribe to certain events, products, or services, create a profile, participate in a sweepstakes or contest, take a survey, use an interactive feature, or participate in a forum.
Personal Information We Receive from Third Parties
We may receive Personal Information about you from third parties, including, for example, information about your transactions, purchase history, or relationships with various product and service providers, and your use of certain applications. For example, if you access an Online Service through a third party connection or log-in, such as Facebook Connect, that third party may pass certain information about your use of its service to us. This information could include, but is not limited to, the user ID associated with your account, any information you have permitted the third party to share with us, and any information you have made public in connection with that service.
“Other Information” is any information that does not reveal your specific identity, such as browser information, information collected through cookies and other technologies, demographic information, and aggregated information. We may combine Other Information with your Personal Information, and when we do, we treat the combined information as Personal Information.
Other Information You Submit
We collect Other Information when you submit it to us. It may include your age, gender, education, occupation, financial information, interests, photos, connections, and comments.
Other Information We Receive from Third Parties
We may receive Other Information about you from third parties, including but not limited to, demographic data, information about your interests, and information about your activities on other websites.
Other Information We Collect Automatically When You are Online
Personal data is collected when users provide personal information that is not publically available to OAC, for example by registering through the Site and donating funds. The personal information that you provide must be true, accurate and complete and all registration details (where applicable) must contain your real name, address and other requested details.
Aggregated information, such as information on traffic patterns within the Site, is collected by OAC through various methods:
IP Addresses: We collect IP addresses through the Site. An IP address is a number that is automatically assigned to your computer whenever you’re surfing the web. Web servers, the computers that “serve up” web pages, automatically identify your computer by its IP address, and when you request a page from the Site, our servers log your IP address. The Site does not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to us.
Children and Privacy
We will not knowingly market to or collect personally identifiable information from children under age 13.
3. HOW WE USE YOUR INFORMATION
We use the Personal Information we collect from and about you for the purposes set forth below. Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for all the purposes for which we use and disclose Personal Information.
To improve the quality of our services, we may combine the Personal and Other Information we collect with information that you provide to us in connection with us.
To provide and manage our relationship and/or services. We use the Personal Information we collect from and about you to provide our products and services and features to you and to improve upon our services, including, without limitation: to process and fulfill your donation, to send you information about your relationship or transactions with us, to measure and improve those services and features, to personalize your experience; to allow you to comment on content, participate in online games, contests, promotions or rewards programs, to provide you with customer support, and to respond to inquiries.
To contact you. OAC may periodically send promotional materials or notifications related to our products and services and/or the products and services of third parties to the email or postal address you provided. To help make these promotional materials more relevant to you, we may use and combine any of the Personal and Other Information we collect to assist us in sending you promotional materials. If you want to stop receiving promotional materials from us, please let us know by contacting us as described in the Contact Us section below or follow the unsubscribe instructions at the bottom of each email. There are certain service transactional notifications that you may not opt-out, such as billing and receipt notices, and notifications of date, locations, times and/or other changes to any OAC sponsored event to which you are registered. We may also use your email address to respond to inquiries or requests you make to us.
4. HOW WE SHARE YOUR INFORMATION
Information Made Public Through Use of Our Services and User Privacy Settings
Certain features on our website or other online services give you an opportunity to interact with us and others. These may include forums, message boards, chats, and creating community profiles. When you use these features, you should be aware that any information you submit, including your name, location and email address, may be publicly available to anyone, including other users, search engines, advertisers, third party application developers, and anyone else with access to our Online Services. We are not responsible for any information you choose to submit and make public through these interactive features.
Our Disclosure of Information
We also share your Personal and Other Information:
To allow third-party service providers to assist us in providing and managing Our Services. We may make your Personal and Other Information available to certain third-party service providers, such as contractors, agents or sponsors, who help us manage or provide our products and services by, for example: developing or supporting products and features; sending email messages on our behalf; processing payments; fulfilling orders; delivering subscriptions; auditing; processing data or statistics; and serving, customizing or delivering marketing or ads.
To permit third parties to send you promotional materials. We may share, sell or trade your Personal and Other Information with other third party companies, groups, or non-profit organizations to directly market offers to you.
California Residents: If you do not want your Personal and Other Information shared with these third parties for marketing purposes, please let us know by contacting as described in the Contact Us section below.
To protect the rights of OAC and our users. There may be instances when OAC may disclose your Personal and Other Information, including situations where we have a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of OAC or its affiliates, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of our products and services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process, including laws outside your country of residence; or (v) to respond to requests from public and government authorities including public and government authorities outside your country of residence.
To complete a merger or sale of assets. If OAC sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, OAC may transfer your Personal and Other Information to the party or parties involved in the transaction as part of that transaction.
Cross-Border Transfer. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our products and services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country.
OAC uses commercially reasonable administrative, technical, personnel and physical measures to safeguard Personal Information in its possession against loss, theft and unauthorized use, disclosure or modification. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for hackers or other third parties not under the control of OAC to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, OAC cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
7. HOW TO ACCESS, CORRECT OR UPDATE YOUR INFORMATION
You can access or modify your information and modify your preferences by contacting us as indicated in the Contact Us section below.
8. CONTACT US
6 Cadillac Drive, Suite 350
Brentwood, TN 37027
You may request to stop receiving electronic or postal notifications from OAC at any time by emailing us through the Contact Us form available on the website, requesting the Opt Out and provide us your name and the e-mail, phone or postal address you wish to be removed.
California Residents: If you would like to request that we withhold your information from any third-party, please e-mail us through the Contact Us form. Type “Third-Party Opt Out” and provide us your name and the e-mail, phone or postal address you wish you have removed.