User Agreement On Riverview Terrace

As a user of the Riverview Terrace Web Site(s), I represent to Riverview Terrace that my access is on my own behalf or on behalf of my employer or my own business enterprise and that I am authorized and empowered to make promises, representations and agreements on my own behalf or on behalf of my employer or business enterprise. I understand this agreement contains important legal and financial responsibilities that may affect me, my employer or my business.

As an inducement for Riverview Terrace to provide me with access to or permitting me to use Riverview Terrace Web Sites, I agree to the following terms and conditions. I understand that the Internet, electronic commerce and technology is changing rapidly and Riverview Terrace may address these changes by changing these terms and conditions from time to time at Riverview Terrace’ sole discretion. Accordingly I promise to review regularly these terms and conditions to be informed of and agree to any changes made by Riverview Terrace. If at any time I do not agree to any term or condition of this or any revised Riverview Terrace web access or use agreement, I promise not to access or otherwise use any Riverview Terrace Web Sites. I understand that these terms and conditions apply to all Riverview Terrace Web Sites, including any Web Sites owned, operated or sponsored by any Riverview Terrace subsidiaries or affiliates. I agree that the word “Content”, as used in this Agreement refers to any materials, documents, images, trademarks, copyrighted materials, graphics, logos, design, audio, video and any other information provided from or on Riverview Terrace Web Sites.

Purpose

Riverview Terrace maintains its Web Site Content for general marketing, promotional, public relations and general public information purposes. Riverview Terrace does not transact business or engage in transactions by way of Riverview Terrace Web Site Content. Regardless of the existence of any order forms, interactive features, request forms, invitation for comment or suggestions contained in any Riverview Terrace Web Site, no contract or binding obligation of Riverview Terrace of any kind may be implied, assumed or made until an authorized and empowered representative of Riverview Terrace reviews and accepts, in writing, any proposal, offer, order or other information submitted by the user via any Riverview Terrace Web Site. You agree that Riverview Terrace becomes legally bound to and responsible for only those promises, obligations and commitments contained in written contracts and instruments signed by such authorized and empowered representative of Riverview Terrace. Notwithstanding anything to the contrary contained in any Riverview Terrace Web Site, Riverview Terrace reserves the right to and may reject any information, offers, orders, suggestions, comments or other information submitted to Riverview Terrace via any Riverview Terrace Web Site.

No Permissions

Riverview Terrace provides its Web Site Content for informational purposes only for its customers, investors, vendors and employees and other constituencies. No license is granted by Riverview Terrace to anyone to use or exploit any Content. If you wish to use or exploit any Riverview Terrace Web Site Content, you agree to contact Riverview Terrace in writing and to use such Content only in accordance with a written agreement with Riverview Terrace. If you use or exploit any Riverview Terrace Content without the agreement of Riverview Terrace, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities incurred by Riverview Terrace as a result of your actions or omissions.

Disclaimer

Riverview Terrace has no obligation to be sure that the Content of its Web Site is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party or that access to the Riverview Terrace Web Site will be free from interruptions, errors, computer viruses or other harmful components. You understand that Riverview Terrace may (but has no obligation in the absence of governmental regulatory requirements) to change, withdraw, improve or otherwise modify its Web Site Content at any time without any notice to you.

No Warranties

Web Site Content is provided by Riverview Terrace “AS-IS” and without warranties of any kind, either express or implied. TO THE EXTENT ANY ACCESS OR USE OF THE Riverview Terrace WEB SITES CONSTITUTES A SALE OR EXCHANGE OF GOODS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. You agree that under no circumstances, including, but not limited to, negligence, shall Riverview Terrace be liable for any direct or indirect, special, incidental or consequential damages. This includes but is not limited to loss of data or profit arising out of the use or the inability to use the Content of a Riverview Terrace Web Site, even if a Riverview Terrace representative has been advised of the possibility of your damages.

No Confidentiality and License

If you wish to provide your information to Riverview Terrace and you wish to retain an interest or ownership in it, you must contact Riverview Terrace in writing and propose to Riverview Terrace a commercial transaction pursuant to which you and Riverview Terrace agree in a written and signed agreement to an exchange of information. If you transmit to or post on the Riverview Terrace Web Site without any prior written Agreement with Riverview Terrace providing for such activity, any material, data, information or idea, it will be treated as non-confidential and non-proprietary and may be disseminated or used by Riverview Terrace for any purpose. By sending Riverview Terrace any information or material, you grant Riverview Terrace an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and information. You also agree that Riverview Terrace is free to use any ideas, concepts, know-how or techniques that you send to Riverview Terrace for any purpose without any obligation to you.

No Unlawful or Unacceptable Content Posting

You are not authorized to post on or transmit to any Riverview Terrace Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and indemnify and hold Riverview Terrace harmless from any liability or loss.

Hyperlinks

Riverview Terrace may provide hyperlinks to other internet web sites maintained by third parties or may provide third party content on Riverview Terrace Web Site. The content in any such linked sites is not under Riverview Terrace control and Riverview Terrace is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to a Riverview Terrace Web Site, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature. By providing a link, Riverview Terrace does not necessarily endorse a third party or its web site. Riverview Terrace reserves the right to terminate a link to a third party web site at any time in its sole discretion.

Linked Internet Sites

If you wish to provide a link to a Riverview Terrace Web Site, you may do so under the terms and conditions of this or any future Avamere

Family of Companies web access and use agreement, but: you may not use or replicate Riverview Terrace Content; you agree not to create a browser, border environment or frame for Riverview Terrace Content; you may not imply that Riverview Terrace is endorsing you or your products or services; you may not misrepresent your relationship with Riverview Terrace; you may not present false information about Riverview Terrace products or services; and your linked web site shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold Riverview Terrace harmless and you agree to remove any link to Riverview Terrace. immediately upon the request of Riverview Terrace.

No Representations, Legal Compliance

Riverview Terrace makes no representation that content or materials in a Riverview Terrace Web Site are appropriate or available for use outside the U.S.A. You agree to refrain from access to Content on a Riverview Terrace Web Site from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. We are not responsible for any law violations of law or regulation by your access or use of any Content on a Riverview Terrace Web Site. You must become familiar with U.S. laws and regulations on export of technical information and you agree you will not use or export Content in a Riverview Terrace Web Site in violation of U.S. export laws and regulations. Any claims relating to Riverview Terrace Web Site and its Content and materials shall be governed by the laws of the State of Ohio, U.S.A., without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties – obligations shall be brought exclusively in a federal or state court in the State of Ohio.

Copyrights

Riverview Terrace claims the copyright interest in the compilation in all the Riverview Terrace Web Site Content, including without limitation, the incorporated Riverview Terrace Web Sites. The laws of the United States of America and all other signatories to the Berne Convention protect the copyright owner from infringement and you represent that you have read, understand and agree to The U.S. Copyright Act and such other applicable laws and regulations of other countries and you will not violate them in your access and use of any Riverview Terrace Web Site and that you will indemnify and hold Riverview Terrace harmless. Copyright – Riverview Terrace Inc. 2005

Privacy Policy

Your privacy on the Internet is important to Riverview Terrace. As part of the operation of Riverview Terrace., certain pieces of information are gathered about Riverview Terrace. Members. Below are explanations regarding the types of information collected, what is done with it, and how to correct or change the information. What Information is Collected As part of the Riverview Terrace. Member registration process, the prospective member is asked to provide an email address and interest category selections? The prospective member, at their option, may voluntarily provide additional information, including personal, geographic and demographic information. In addition to the information provided by members, Riverview Terrace may also collect information about Riverview Terrace. Members from third party sources. Furthermore, Riverview Terrace monitors incoming and outgoing Web site traffic data to help diagnose problems with its servers and to administer its Web site. Riverview Terrace also uses this data to assemble broad demographic information about its members in general. The purpose of this data collection is to ensure that Riverview Terrace. Members receive only the most relevant, targeted offers and information from Riverview Terrace.. Riverview Terrace uses “contact us” forms as a way for clients, potential clients and members to communicate with Riverview Terrace.. Riverview Terrace. collects the information supplied by the sender of the “contact us” form in order to establish and maintain relationships with clients, potential clients and members. Riverview Terrace. also uses email links located on various pages of the Riverview Terrace Web site to allow you to contact Riverview Terrace. with questions or comments you may have. Riverview Terrace. welcomes these email communications and makes efforts to respond to these communications where appropriate. Email communications and the ideas sent to Riverview Terrace. in these email communications become the property of Riverview Terrace.. Riverview Terrace uses the email communications to evaluate and improve its services and Web site. Riverview Terrace. also may save these email communications for future reference or use.

In an attempt to customize the Riverview Terrace. service and provide members with the information they may be most interested in, Riverview Terrace also conducts internal research on our user’s demographics, interests, and behavior based upon information members provide directly to Riverview Terrace and information that Riverview Terrace may collect from third party sources and/or through the use of cookies (see below). Riverview Terrace may combine or otherwise overlay some or all of the foregoing information to build profiles about Riverview Terrace. Members, which may be individual specific or in aggregate form. By becoming a Riverview Terrace. Member, you consent to Riverview Terrace employing the foregoing techniques in its continuing efforts to better serve its members by providing them with the information in which they may be most interested. Riverview Terrace does not use information about its members for any purposes unrelated to the services offered by Riverview Terrace.. As discussed above, Riverview Terrace. may, from time to time, obtain information about its members from third party sources. In addition, Riverview Terrace may, from time to time, assist third parties in developing, implementing and monitoring advertising campaigns using data owned or supplied by the third party. Please be aware that this Privacy Policy does not cover the conduct or practices of these third party sources. However, Riverview Terrace will treat information that it receives from third party sources according to the terms of this Privacy Policy.

The Use of Cookies

As an important and necessary part of providing customizable and personalized services to its members, Riverview Terrace uses cookies to store and sometimes track information about members. A cookie is a small amount of data that is sent to a member’s browser from a Web server and stored on a member’s computer hard drive. Areas of Riverview Terrace’ Web site where members are prompted to login or that are customizable require acceptance of cookies. Cookies are also used to help Riverview Terrace track the response to messages sent to members on behalf of marketers so that Riverview Terrace can monitor and report campaign results to the marketer and track response history. With respect to cookies, you have a choice. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, you will be unable to use those Riverview Terrace services that require the use of cookies in order to participate.

Children’s Online Privacy Protection

The safety of children is important to us. Riverview Terrace’ Web site is a general audience site and is not directed to children under the age of 13. Similarly, Riverview Terrace’ services are not directed to nor intended for anyone under the age of 13. Riverview Terrace. will not knowingly accept members who are under the age

of 13 years nor will it knowingly collect or maintain personally identifiable information from or about anyone under the age of 13 years. Accordingly, when registering to become a Riverview Terrace Member, the new member must certify that they are not under the age of 13. Riverview Terrace relies on the truthfulness of this certification when accepting new members. In the event that Riverview Terrace receives information that establishes that a member is under the age of 13 years, Riverview Terrace reserves the right, which it will exercise, to terminate that member’s membership. Riverview Terrace will also delete all information in its databases about that terminated member. If you believe Riverview Terrace has any information from or about anyone under 13, please contact us at the address listed below. Email: privacy@Riverview Terrace.

Confidentiality

Riverview Terrace will not provide personally identifiable information of a Riverview Terrace. Member to third parties except as noted under Limits of Confidentiality, personally identifiable information means the member’s name, residence address, email address, social security number or other information from which the member’s identity may be reasonably ascertained. Riverview Terrace uses proprietary technologies to preserve the anonymity of members while matching the member’s interests with targeted information sent via email.

Riverview Terrace will under no circumstance knowingly reveal any member’s identity to marketers. It is solely at a Riverview Terrace. Member’s discretion if he or she chooses to provide personally identifiable information to a marketer by making a purchase, requesting additional information, or communicating directly with the company or organization after visiting its Web site or otherwise.

Limits of Confidentiality

As part of its day-to-day business activities, Riverview Terrace must disclose certain aggregate level information about Riverview Terrace. Members to certain third parties; principally, (1) Riverview Terrace’ Network Partners, and (2) Marketers who use Riverview Terrace’ network. Below is the information and circumstances under which Riverview Terrace may be required to disclose information to third parties.

(1) Network Partners: When a Riverview Terrace. Member registers through the Web site of a Network Partner, Riverview Terrace is obligated to disclose to that particular Network Partner the information submitted by the Riverview Terrace. Member during the registration process. In addition to the foregoing information, Riverview Terrace may also disclose aggregate level information to the Network Partner about Riverview Terrace. Members who registered through that particular Network Partner’s site. Such aggregate information may include, for example, the number of individuals who registered through the Network Partner’s site; the turnover rate of Riverview Terrace. Members who have registered through the Network Partner’s site; with respect to any particular campaign, the response rates of the Riverview Terrace. Members who registered through the Network Partner’;s site; and statistics on the interest categories selected by the Riverview Terrace. Members who have registered through the Network Partner’s site. Subject to the exceptions discussed below, Riverview Terrace will not knowingly disclose any personally identifiable information about a Riverview Terrace. Member to a Network Partner unless such personally identifiable information was provided during the registration process through the Network Partner’s Web site.

(2) Marketers: Riverview Terrace will disclose aggregate level information about Riverview Terrace. Members to marketers as reasonably necessary to explain the services that Riverview Terrace can offer, to report on the advertising campaigns that Riverview Terrace undertakes for any particular marketer, and/or to implement and explain campaign strategies. Subject to the exceptions discussed below, Riverview Terrace will not knowingly disclose any personally identifiable information about a Riverview Terrace. Member to a marketer. Due to the existing legal, regulatory and security environment, Riverview Terrace may be required, under certain circumstances, to disclose aggregate level and/or personally identifiable information about its members. Riverview Terrace will use its best efforts to limit such disclosure to the following: where Riverview Terrace believes in good faith that it is required to do so in response to a subpoena or other legal process; where reasonably required to do so in order to maintain, update or otherwise implement Riverview Terrace’ data security measures, equipment, technical operations and the like; or where reasonably necessary to identify, contact or bring legal action against persons or entities to preserve and/or enforce Riverview Terrace’s rights.

Use of Information

Riverview Terrace uses member information to deliver the Riverview Terrace. services. Thus, member information is used by Riverview Terrace in identifying information that may be of interest to its members. A member’s email address will be used by Riverview Terrace to contact that member about member-selected interests. Riverview Terrace also uses member information to monitor, interpret, analyze and report campaign results. Riverview Terrace does not use member information for purposes unrelated to the services offered by Riverview Terrace.

Protection of Member Information

Riverview Terrace undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual members and will never knowingly allow access to this information to anyone outside Riverview Terrace other than to the member or as described above under the heading Limits of Confidentiality.

Riverview Terrace has made a substantial investment in its server, database, backup and firewall technologies to protect the information assets of the Riverview Terrace Network, including the confidentiality of information collected about Riverview Terrace. Members. These technologies are deployed as part of a sophisticated security architecture and protocol. You should also do your part in protecting your information. Your Riverview Terrace user name and password are confidential and we recommend that you not divulge them to anyone. Unfortunately, neither Riverview Terrace network nor data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect member information, Riverview Terrace cannot ensure or warrant the security of member information. Thus, any information a member transmits to us is done so at the member’s own risk. Once we receive member information, Riverview Terrace undertakes substantial efforts to protect the confidentiality of this information consistent with this Policy.

Policy Changes

The foregoing policy is effective as of June 2005. Riverview Terrace reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of Riverview Terrace’s services following the posting of changes to these terms will mean you accept those changes. Riverview Terrace will take reasonable measures to notify you if there is a material change in our privacy practices with respect to use of the information you have provided to Riverview Terrace. Riverview Terrace will conspicuously post these changes in our Privacy Policy. Riverview Terrace also will post a message on the home page of its Web site that states that the Privacy Policy has been changed, and will provide a link to the Privacy Policy. These postings will occur on Riverview Terrace’s Web site at least 30 days prior to any material change. For more information, see our Terms and Conditions of service. If you have any questions about this privacy statement, Riverview Terrace practices, or feel that your privacy has been compromised, please contact us.

 

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