This website is operated by Sociavi Company, a New Jersey corporation (and any affiliates or subsidiaries). Throughout the site, the terms “we”, “us” and “our” refer to Sociavi Company (SOCIAVI). SOCIAVI offers this website, including all information, applications, tools, devices, products and services available from this site and from other sites operated by us (collectively, the “Services” and defined below) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our sites and/or purchasing anything from us, you engage in use of our “Services” (“Services” shall mean any service provided to you by us whether through the use of this website or any other form) and you agree to be bound by the terms and conditions in these Terms of Service (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all consumers or users of any of the Services (which term shall include without limitation the SOCIAVI Companion app, the SOCIAVI website and networking application/tool related thereto, the electronic device used to access the Services and SOCIAVI software running in the device, the network or elsewhere as well as other services and products that may be used by us from time to time). The term “consumers or users of any Services” includes without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or Services. By accessing or using any part of our site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you may not access the website or use any Services. Acceptance to the use of any Services is conditioned upon acceptance of these Terms of Service.
Any new features or tools which are added to the current site or Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page or as established elsewhere on our website. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page and our website periodically for changes. Your continued use of or access to the website or Services following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE SERVICE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, that you reside in the United States or its territories and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws, including but not limited to, any laws in your jurisdiction (including but not limited to copyright laws). Any information you provide shall be truthful, accurate and shall not improperly disclose any information about any individual or entity in violation of any applicable laws, copyright laws, or any other laws or requirements providing privacy or confidentiality or property rights of any nature or description. You are solely responsible for any information you provide. Moreover, there is no guarantee that any information you provide or attempt to provide will be reviewed by us. We are not responsible for any delay in responding to you.
You must not transmit any worms, viruses, malware, any code of a destructive nature or otherwise transmit, knowingly or unknowingly anything that is harmful to the Services.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Services to anyone for any reason at any time provided that such refusal does not violate any applicable laws. If you believe that any decision to refuse Services was inappropriate, please contact email@example.com.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services is provided, without express written permission by us.
User/Consumer/Participant/Purchaser agrees that any participants implementing the Sociavi Product in Healthcare Organizations, Providers, Facilities, Independent Living, Assisted Living, Memory Care and/or Continuum of Care Communities, upon signed agreement must participate in a two (2) hours Sociavi In-Service to receive Certificate of Participation which ensures proper usage and understanding of the purpose of the Sociavi Device and Services.
SECTION 3 – PERSONAL INFORMATION
SECTION 4 – SOCIAVI USER CONTENT, PHOTO, VIDEO DISCLOSURE
Sociavi recommends that all content, photos and videos sent and shared by users are legal and appropriate only. Personal Identifiable Information is not recommended or intended to be used by the Sociavi product.
SECTION 5 – MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change. We will make every effort to inform you of these changes, however, we shall not be liable if we could not reach you.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 6 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 7 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 8 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and Services delivered to you through the Services are (except as expressly stated by us) provided ‘AS IS’ and ‘AS AVAILABLE’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SOCIAVI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including without limitation, negligence), strict liability or for any other reason or cause of action, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 9 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless SOCIAVI and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service (including, without limitation, any documents or terms incorporated by reference), your violation of any law or the rights of a third-party and/or any action or inaction by you.
SECTION 10 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated or modified by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate the Services, if any, provided to you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 12 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of any such rights or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between
you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Notwithstanding the foregoing, any written or electronic agreement for specific Services shall supersede and amend these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against SOCIAVI.
SECTION 13 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Jersey, United States.
SECTION 14 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 15 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.