PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR MOBILE APPLICATION. Your use of the VIVID SKY HOME CARE SERVICES (“VIVID SKY HOME CARE SERVICES”) website (the “Website”) and mobile application (the “application”) is expressly conditioned on your acceptance of the following terms and conditions. By using the Website or application, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website or application.
OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Website or application (collectively, the “Materials”), are wholly owned by (or licensed to) VIVID SKY HOME CARE SERVICES and/or its content providers. The Website and application contain copyrighted material, trademarks, and other proprietary information. VIVID SKY HOME CARE SERVICES owns a copyright in the selection, coordination and arrangement of the Website and application. Nothing contained on this Website or application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of VIVID SKY HOME CARE SERVICES or such other party that may own the Materials.
USE OF WEBSITE AND APPLICATION. Except for your non-commercial personal use, the Website or application may not, in whole or in part, be sold, reproduced, published, or redistributed in any medium, directly, or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Website or application and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or application or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
As a condition of your use of the Website or application, you warrant that you will not use the Website or application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website or application in any manner which could damage, disable, overburden, or impair the Website or application or interfere with any other party’s use and enjoyment of the Website or application. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Website or application.
By uploading or otherwise submitting a file or other information (“Contribution”) to the Website or application, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to VIVID SKY HOME CARE SERVICES a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.
Notwithstanding the above, the foregoing provisions concerning use of Contributions by VIVID SKY HOME CARE SERVICES shall not apply to files or other information that is uploaded or otherwise submitted by vendors accessing the Website or application for the purpose of conducting electronic commerce or mobile application.
AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Website or application and to create binding legal obligations for any liability you may incur as a result of the use of the Website or application. You understand that you are financially responsible for all uses of the Website or application by you and those using your login information.
ACCOUNT ACCESS. You understand and agree that you are solely responsible for maintaining the integrity of your online account access User-ID and Password. You further agree to only establish online account access for your own account(s) or for those accounts to which you have been granted expressed permission to access. VIVID SKY HOME CARE SERVICES is not liable for damages or losses incurred by either the account owner or the user in the event that a user establishes account access to an account which is not his/hers and for which he/she has not been granted permission to access by the account owner.
PRIVACY. You have read the VIVID SKY HOME CARE SERVICES Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by VIVID SKY HOME CARE SERVICES and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the VIVID SKY HOME CARE SERVICES Privacy Policy. VIVID SKY HOME CARE SERVICES do not knowingly collect personal information from children without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws, we will promptly delete the information.
NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Website or application is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through the Website or application. VIVID SKY HOME CARE SERVICES strives to ensure the accuracy of the information presented on the Website and application, however due to various circumstances, including, but not limited to, delays caused by postal handling, upgrades and/or changes to VIVID SKY HOME CARE SERVICES’ bill and payment processing system there may be variances between the information available on the Website or application and your actual bill and payment information, usage history or other statistical data. For this reason, neither VIVID SKY HOME CARE SERVICES nor any of its affiliates, subsidiaries, business units, content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Website or application.
THE WEBSITE AND APPLICATION, MATERIALS AND THE CONTENT PROVIDED THEREON IS PROVIDED “AS IS”, AND NEITHER AMEREN NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by VIVID SKY HOME CARE SERVICES or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty. Neither VIVID SKY HOME CARE SERVICES nor any of its content providers, agents, or the like warrants that access to, or use of, the Website or application will be uninterrupted, virus free, or error-free, or that the Website or application (including, without limitation, any content and Materials on the Website or application) will meet any particular criteria of performance or quality. VIVID SKY HOME CARE SERVICES , ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT AMEREN KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE OR APPLICATION. FURTHERMORE, AMEREN, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON- INFRINGEMENT IN RESPECT OF THE WEBSITE AND APPLICATION.
LIMITATION OF LIABILITY. VIVID SKY HOME CARE SERVICES and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website or application, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if VIVID SKY HOME CARE SERVICES has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, VIVID SKY HOME CARE SERVICES and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
You acknowledge and agree that the provisions of this Section 7 and Section 6 above represent a reasonable allocation of the risks under this Agreement. VIVID SKY HOME CARE SERVICES’ willingness to allow you to use the Website and application reflects this allocation of risk and the limitations of liability specified herein.
INDEMNIFICATION. You agree to indemnify VIVID SKY HOME CARE SERVICES and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Website and application including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
LINKS. The Website or application may contain links to websites or applications operated by parties other than VIVID SKY HOME CARE SERVICES. Such links are provided for your reference only. VIVID SKY HOME CARE SERVICES do not control such websites and applications and is not responsible for their contents. Neither VIVID SKY HOME CARE SERVICES, nor any of its affiliates, subsidiaries, business units, content providers, agents and the like make any representation or warranty regarding any other websites or applications or the contents or materials on such websites or applications. The Website’s and application’s inclusion of links to other websites and applications does not imply VIVID SKY HOME CARE SERVICES’ endorsement of the material on such websites or applications or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
FORWARD-LOOKING STATEMENT DISCLOSURE. Any investor information contained on this Website or application is forward-looking information based on current expectations and plans that involve risks and uncertainties. Although Oregon believes that this forward-looking information is accurate, its business is dependent on various regulatory issues, general economic conditions and future trends, and these factors can cause actual results to differ materially from the forward-looking information that has been provided. You are cautioned not to put undue reliance on this forward-looking information, which is not a guarantee of future performance and is subject to a number of uncertainties and other factors, many of which are outside the control of Oregon. All postings are subject to this notice regarding forward-looking statements and these terms and conditions.
GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Oregon, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in, the state of Oregon, United States of America, in all questions and controversies arising out of your use of this Website or application and interpretation of these terms and conditions.
NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and VIVID SKY HOME CARE SERVICES nor the trade practice shall modify any provision of these Terms and Conditions.
MODIFICATION. VIVID SKY HOME CARE SERVICES may at any time modify these terms and conditions and your continued use of this Website or application will be conditioned upon the terms and conditions in force at the time of your use.
ADDITIONAL TERMS. ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO CERTAIN PORTIONS OF THE WEBSITE OR APPLICATION, AND YOU AGREE TO ABIDE BY SUCH OTHER TERMS AND CONDITIONS.
SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
INTELLECTUAL PROPERTY NOTICES. All contents of the Website and application are Copyright © 2016 VIVID SKY HOME CARE SERVICES and/or its suppliers. All rights reserved. Product and company names mentioned on the Website and application are the trademarks of their respective owners.
ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on this Website or application.
ADDITIONAL INFORMATION UPDATED AS OF SEPTEMBER 2016.
VIVID SKY HOME CARE SERVICES occasionally uses display advertising network to collect visitor data on our site and then serve targeted display ads to you on other sites. Our partners use technology such as cookies and web beacons to collect this data.
TYPES OF DATA COLLECTED
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies, Usage Data, and email address.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User or collected automatically when using this Application.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party SERVICES used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for this Application to provide its SERVICES.
Users are responsible for any Personal Data of third parties obtained, published, or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
MODE AND PLACE OF PROCESSING THE DATA
METHODS OF PROCESSING
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
PLACE
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
RETENTION TIME
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
THE USE OF THE COLLECTED DATA
The Data concerning the User is collected to allow the Owner to provide its SERVICES, as well as for the following purposes: Remarketing and behavioral targeting and Analytics.
The Personal Data used for each purpose is outlined in the specific sections of this document.
DETAILED INFORMATION ON THE PROCESSING OF PERSONAL DATA
Personal Data is collected for the following purposes and using the following SERVICES:
ANALYTICS
The SERVICES contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
GOOGLE AD-WORDS CONVERSION TRACKING (GOOGLE INC.)
Google Ad-Words conversion tracking is an analytics service provided by Google Inc. that connects data from the Google Ad-Words advertising network with actions performed on this Application.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy
FACEBOOK ADS CONVERSION TRACKING (FACEBOOK, INC.)
Facebook Ads conversion tracking is an analytics service provided by Facebook, Inc. that connects data from the Facebook advertising network with actions performed on this Application.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy
REMARKETING AND BEHAVIORAL TARGETING
This type of SERVICES allows this Application and its partners to inform, optimize and serve advertising based on past use of this Application by the User.
This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.
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AD-WORDS REMARKETING (GOOGLE INC.)
Ad-Words Remarketing is a Remarketing and Behavioral Targeting service provided by Google Inc. that connects the activity of this Application with the
Ad-Words advertising network and the Double-click Cookie.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy – Opt Out
FACEBOOK CUSTOM AUDIENCE (FACEBOOK, INC.)
Facebook Custom Audience is a Remarketing and Behavioral Targeting service provided by Facebook, Inc. that connects the activity of this Application with the Facebook advertising network.
Personal Data collected: Cookies and email address.
Place of processing: US – Privacy Policy – Opt Out
FACEBOOK REMARKETING (FACEBOOK, INC.)
Facebook Remarketing is a Remarketing and Behavioral Targeting service provided by Facebook, Inc. that connects the activity of this Application with the Facebook advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy – Opt Out
Additional information about Data collection and processing
LEGAL ACTION
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related SERVICES.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning SERVICES or the collection and processing of Personal Data upon request.
SYSTEM LOGS AND MAINTENANCE
For operation and maintenance purposes, this Application and any third-party SERVICES may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
THE RIGHTS OF USERS
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above. The Data Controller can be reached at: 90F Glenda Trace Newnan, GA 30265
THIS APPLICATION DOES NOT SUPPORT “DO NOT TRACK” REQUESTS.
To determine whether any of the third-party SERVICES it uses honor the “Do Not Track” requests, please read their privacy policies.
CHANGES TO THIS PRIVACY POLICY
The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.