TERMS of USE – Clark Retirement Community
USE OF THIS WEBSITE, ‘THE SITE’ AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY EXIT THIS SITE.
All content and graphics on Clark Retirement Community’s website are copyrighted by Clark Retirement Community. Limited permission is granted to certain web-site users to download copies of organizational newsletters, articles, and bulletin inserts. Due attribution to Clark Retirement Community should be given.
This site contains pages and materials made available by Clark Retirement Community (“Clark”) and its affiliates, collectively, for download and viewing. Portions of the site authored by Clark or its authorized agents, contractors, and employees are referred to herein as “Clark Materials.” Portions of the site authored by other content contributors are referred to herein as “third-party materials.”
Use of Clark Materials
All Clark materials on the site are protected by federal and international copyright and trademark laws and are the sole property of Clark and/or its affiliates. No portion of the Clark materials may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of Clark, unless specifically noted (e.g. newsletters or bulletin inserts.)
You may view or download Clark materials for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded Clark materials and you shall comply with any applicable end user license agreements. This limited authorization does not transfer any title to the Clark materials and you acknowledge that you do not acquire any license, ownership or other rights to the Clark materials. With respect to Clark materials, any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Clark.
You shall not post or transmit through this site any information or material that (i) violates or infringes the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing or otherwise objectionable to Clark in its absolute discretion; (ii) could cause or introduce a software virus or other disruptive program; (iii) encourages conduct that would constitute a criminal offense, give ruse to liability or otherwise violate any law or administrative ruling or guidelines, or is in violation of these Terms; or (iv) contains any advertising or any solicitation. Any conduct by you that, in Clark’s opinion, restricts or inhibits any other user from accessing or using this site is not permitted.
Accuracy of Clark Materials
Although Clark attempts to ensure the integrity and accuracy of the Clark materials, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the Clark materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy arises, please inform Clark so that it can be addressed. Information contained on the site may be changed or updated without notice.
Availability of this Site
Clark cannot guarantee the availability of this site. This site may be unavailable because of routine maintenance performed by Clark, or causes beyond Clark’s control or at Clark’s sole discretion. By consenting to these terms, you acknowledge and agree that Clark shall not be liable or held responsible, for any reason or for any damages, delay or harm caused as a result of this site becoming unavailable.
Use of Third-Party Materials
All third-party materials on the site are the responsibility of their respective authors, creators, and/or owners. Clark is not responsible for third-party materials, and the views and opinions expressed in third-party materials are not necessarily those of Clark. Clark cannot, and does not, review third-party materials before they are made accessible through the Site. Please be advised that third-party materials may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute third-party materials may be limited accordingly.
Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPERLINKED WEBSITES.
NOTHING CONTAINED IN THE SITE IS INTENDED TO BE INSTRUCTIONAL FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE, NOR SHOULD IT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL. IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. INFORMATION INCLUDED IN THE SITE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE EMBARKING ON A NEW TREATMENT, DIET OR FITNESS PROGRAM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN THE SITE. THE INFORMATION CONTAINED IN THE SITE IS COMPILED FROM A VARIETY OF SOURCES (“INFORMATION PROVIDERS”). NEITHER CLARK NOR INFORMATION PROVIDERS DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL SERVICES AS PART OF THE SITE.
CLARK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT OR OTHERWISE AFFECT YOUR COMPUTER EQUIPMENT, OPERATING SYSTEMS, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR YOUR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS HEREFROM. YOU ACKNOWLEDGE THAT CLARK SHALL HAVE NO LIABILITY FOR ANY VANDALIZM, ALTERATION, OR OTHER USE OR MISUSE OF THIS SITE BY ANY PERSON NO FOR ANY DATA, COMMUNICATION OR TRANSMISSION SENT BY ANY OTHER PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR HYPERLINKED WEBSITES.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CLARK OR OTHER THIRD PARTIES INVOLVED WITH THIS SITE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNATIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY COSTS AND EXPENSES, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY SUCH SITES (INCLUDING, BUT NOT LIMITED TO A PERFORMANCE FAILURE, ERROR, OMISSION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION FAILURE, UNAUTHORIZED ACCESS, ALTERATION OF, OR USE OR MISUSE OF ANY COMPUTER OR SYSTEM) WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CLARK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLARK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SUCH DAMAGES. CLARK SHALL HAVE NO RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Trademark Notice
This site includes trademarks and service marks, which are the property of Clark such as the nest logo, an image of interwoven lines collectively forming the symbol of a nest is a registered trademark of Clark Retirement Community. Other trademarks, service marks, and logos used in this Site may be the trademarks, service marks or logos of third parties.
Other Websites
Clark makes no representations whatsoever about any other website that you may access though this site. When you access a non-Clark website, please understand that it is independent from Clark, and that Clark has no control over the content on that website. In addition, a hyperlink to a non-Clark website does not mean that Clark endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download from that site is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws. Choice of Law and Venue These Terms are entered into in the state of Michigan, U.S.A., and shall be governed by and construed in accordance with the laws of the state of Michigan, U.S.A., without giving effect to any principles of conflict of laws. By using this site, you agree to bring any claim or suit in and to the exclusive jurisdiction of the state and federal courts sitting in Kent County in the state of Michigan, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between Clark and you pertaining to the subject matter hereof. In its sole discretion, Clark may modify these Terms by posting the revised version on this site. Any cause of action you may have with regard to your use of the Site must be brought within one (1) year after the claim or cause of action arises.
No Unlawful or Prohibited Purpose
As a condition of your use of this site, you warrant to Clark that you will not use the site for any purpose that is unlawful or prohibited by these Terms and Conditions. If Clark is informed that you are making a possibly unlawful or prohibited use of the site, Clark may unilaterally deny you further access to the site or any portion thereof.
Clark’s Website Privacy Policy
Our policy covers how personal identifying information is collected online and off-line; how it is utilized for business purposes; and how to change or correct information you have supplied to us. This policy does not cover individually identifiable health information, which is treated in accordance with state and federal law. This policy applies to the identified websites of the following entities and divisions which collectively are referred to as Clark: (www.clarkretirement.org), Clark at Keller Lake (www.clarkatkellerlake.org). This policy does not cover websites that are not sanctioned by Clark.
Identifiable Information
Clark respects the privacy of user-identifiable information collected by Clark such as names, email addresses, home addresses, phone numbers and financial qualification information. The information collected is utilized to send information requested by the consumer and, subsequently, for follow-up via phone or email, direct mail, or notification of new products or services, e-newsletters, email letters, community newsletters and other marketing or sales related mailings.
What Identifiable Information Does Clark Collect?
The information we learn from consumers helps us better understand our customers and improve our service, as well as Clark websites. Here are some of the types of information we gather.
Does Clark Share the Information It Receives?
Clark does not sell, rent or give away user-identifiable information about visitors to the site to unrelated third parties, but, as described below, may share information with our entities and divisions, and with certain others for specified purposes.
What Choices Do I Have?
How is Your Information Secured?
How Do I Know if You Subsequently Change your Privacy Policy?
From time to time we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some point in the future, we will post the policy changes to our websites to notify you of these changes. It is your responsibility to continually review this Policy, as the then-current policy terms are binding on you.
Children’s Online Privacy Protection ACT (COPPA)
This policy assumes you at least 13 years of age. Our site is not directed at children, but to the extent possible we are committed to protecting the privacy rights of children online. It is our policy to not knowingly collect any personal identifying information from users under the age of 13.
Consent
By using this website you agree to, and accept to be bound by, to this privacy policy.
What if I Want to Amend or Change Information You Have Collected About Me?
If you wish to amend or change your preferences regarding your personal information you may contact Clark Retirement Community, in the following ways:
Write:
Clark Retirement Community
1551 Franklin St SE
Grand Rapids, MI 49506
Call:
Marketing Department: (616) 452-1568