The Trezevant Episcopal Home (“Trezevant” or the “Company” “we” or “us”) offers the website trezevantmanor.org (the “Site”) in which the Company offers information, documents, graphics, artwork, video, audio, photographs and various other material (“Content”) which are subject to the terms and conditions set forth in these Terms of Use, specifically including the Privacy Policy found at the end of this document (collectively the “Terms of Use”). By accessing the Site, you accept these Terms of Use, our Privacy Policy, incorporated herein by reference. If you do not wish to agree to these Terms of Use or the incorporated Privacy Policy, you must not use or access the Site.
Trezevant reserves the right to change these Terms of Use at any time, at its own discretion and without direct notice to you; however, all such changes will be posted to this webpage and are effective immediately when they are posted. Because any changes to these Terms of Use, including the incorporated Privacy Policy, are binding on you, Trezevant expects that you will review the Terms of Use and Privacy Policy from time to time so that you are aware of any changes to them. The Terms of Use and Privacy Policy that are applicable to you at any given time are the then-current Terms of Use and Privacy Policy. In addition, by using or viewing the Site, you accept any changes to the Terms of Use and Privacy Policy.
The Site is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By using the Site, you represent and warrant that you are 18 years of age or older and meet the foregoing eligibility requirements. If you are not 18 years of age or older or if you reside outside the United States or any of its territories or possessions, you must not access or use the Site.
Intellectual Property Rights
The Site, including all their Content, features, functionality, and the design, selection and arrangement thereof, is the property of Trezevant or its licensors, and is protected by United States and international laws governing copyright, trademark, patent, trade secret and design rights. Any unauthorized use of the Content, features, functionality, or the design, selection and arrangement thereof, will be considered a violation of Trezevant’s intellectual property rights. Unless otherwise stated in this document, Trezevant and its suppliers reserve all tacit and direct rights to patents, trademarks, copyrights or confidential information relating to the Content. Unless otherwise stated in this document, no Content may be copied, distributed, published or used in any way, in whole or in part, without prior written agreement from Trezevant, except as allowed by the limited license contained in these Terms of Use. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site.
Trezevant trademarks, logos, and subsidiary names appearing in the Site, except as otherwise noted, are trademarks owned or used under license by Trezevant or its affiliates in the geographic regions where Trezevant markets products bearing such trademarks. The use or misuse of these trademarks or any other content on the Site, except as provided in these Terms of Use or in the Content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trezevant trademark without Trezevant’s prior written permission.
Limited License
Unless otherwise indicated on the Site, Content may be downloaded or printed under the following terms and conditions:
• The Content may only be used for personal or educational purposes and not for public or commercial purposes;
• The Content may not be modified in any way;
• The Content may not be distributed, sold or republished;
• Any copyright notices or other ownership notices on the documents, information and Content must be preserved in any copy or printed copy;
• The rights granted to you are part of a license agreement and do not constitute a transfer of property; and
• You may not create a website that frames the Site or any trademark or proprietary information located on the Site without Trezevant’s written permission. You may not use meta tags or any other type of hidden text utilizing Trezevant’s name or trademarks on a website without Trezevant’s written permission.
Trezevant reserves the right to withdraw this limited license at any time. Moreover, the rights provided in this limited license do not apply to the design and layout of the Site. The design and layout of the Site are protected by copyright and other laws and are the property of Trezevant and may not be copied or reproduced in whole in part.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You may not restrict, discourage or inhibit any person from using the Site, disclose personal information on the Site or obtained from the site or collect information about users of this site. You may not misrepresent your identity or affiliation in any way. You are responsible for all use of our services and the Site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to the site via your computer.
You further agree not to use the Site:
• In any way that violates federal, state, local or international laws or regulations;
• For the purpose of exploiting or harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifying information, or any other way;
• To transmit, or procure the sending of, any advertising or promotional material, including “junk mail”, or “spam”, or any other solicitation;
• To impersonate or attempt to impersonate Trezevant, a Trezevant employee, another user of the Site, or any other person or entity associated with Trezevant; or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Trezevant, may harm Trezevant or users of the Site or expose them to liability.
Accessing the Site and Account Security
Trezevant reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. Trezevant will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site, and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site, request information through the Site, or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by the incorporated Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Additionally, Trezevant does not seek, and you must not provide, information detailing or relating to any medical conditions, health information, or illnesses pertaining to you or any other person.
System Integrity
You will not knowingly use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You will not knowingly take any action which imposes an unreasonable or disproportionately large load on the Site’ infrastructure. You may not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment. You may not “flood” or disrupt the Site through any means or process such as launching or using any automated system, including but not limited to, “robots,” “spiders,” or “offline readers.”
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. While Trezevant endeavors to present up-to-date and accurate information through the Site, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Trezevant, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Trezevant. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site
We may update the content on this Site from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Site may provide certain social media features that enable you to:
• Link from your own or certain third-party sites to certain content on the Site.
• Send e-mails or other communications with certain content, or links to certain content, on the Site.
• Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party sites.
You may use these features solely as they are provided by Trezevant, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any site that is not owned by you;
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
• Link to any part of the Site other than the homepage; or
• Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
DISCLAIMERS
The Content published on the Site may contain technical inaccuracies or typographical errors. The Content of the Site is periodically modified. Trezevant and/or its suppliers reserve the right to modify the Content at any time.
You understand that Trezevant cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. Trezevant will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on them, or on any site linked to them.
Your use of the site, their content and any services or items obtained through the site is at your own risk. The site, their content and any services or items obtained through the site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Trezevant nor any person associated with Trezevant makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site. Without limiting the foregoing, neither Trezevant nor anyone associated with Trezevant represents or warrants that the site, their content or any services or items obtained through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site or the server that makes them available are free of viruses or other harmful components or that the site or any services or items obtained through the site will otherwise meet your needs or expectations.
Trezevant hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on liability
In no event will Trezevant, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any site linked to them, any content on the site or such other site or any services or items obtained through the site or such other site, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless Trezevant, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, any use of the Site’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Governing Law and Jurisdiction
Trezevant is located in Memphis, Tennessee. All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States located in the Central District of Tennessee or the courts of the State of Tennessee located in and for the Shelby County. Notwithstanding the foregoing, Trezevant retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Trezevant of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Trezevant to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Trezevant with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
Your Comments and Concerns
The Site is operated by Trezevant, 177 N. Highland St. Memphis, TN, 38111. Comments, feedback, or concerns regarding the Site may be directed to: privacy@trezevantmanor.org
PRIVACY POLICY
Trezevant respects the privacy of visitors to the Site. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website trezevantmanor.org (the “Site”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
• On the Site;
• In e-mail, text and other electronic messages between you and the Site;
• When you provide personally identifying information (such as your name, address, a phone number for voice or mobile messaging, and e-mail address) through the Site, for example when you fill out forms found on some pages within the Site.
It does not apply to information collected by:
• Trezevant offline or through any other means, including on any other website operated by Trezevant or any third party, including our affiliates and subsidiaries; or
• any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Site. By accessing or using the Site, you agree to this Privacy Policy. Please note, as explained in the Terms of Use, above, this Privacy Policy may change from time to time, and your continued use of the Site after we make changes is deemed to be acceptance of those changes. Therefore, we expect that you will check the policy periodically for updates.
Children Under the Age of 18
The Site is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@trezevantmanor.org.
Collection of your Personal Information and Consent
We collect several types of information from and about users of the Site. We may collect personally identifiable information (“PII” – for example, your full name, email address, mailing address, or telephone number) from you when you voluntarily submit this information to us via one of the forms available on the Site. If you submit PII into a Trezevant Episcopal Home online form, we collect the information you provide with your consent to contact you via the means you have submitted. Trezevant will not collect any PII through this site unless you provide it, such as, by entering it on a form when requesting additional information from Trezevant. If you do not wish for Trezevant to have any of your PII, do not submit it to Trezevant through the Site. You can opt out of providing this additional information by not providing it when asked to do so, or by so providing it you may opt out of any or all forms of communication at any later time as detailed further below in the Opt-Out, Unsubscribe and Correcting Personal Information section of this Terms of Use and Privacy Policy. Your personal information may be requested to be revealed for accuracy for access, updating, and or deletion upon your request.
When you do provide PII to Trezevant, we may store, process and use it as such for the following purposes:
• To send your information or other material you have requested by utilizing any or all the forms of communication you have provided;
• To assist Trezevant in improving its products, services or the Content of the Site;
• For Trezevant’s internal marketing and research purposes;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• To notify you about changes to our Site or the products or services we offer or provide;
• To fulfill any other purpose for which you provide it;
• In any other way we may describe when you provide the information;
• To comply with any court order, law or legal process, including to respond to any government or regulatory request;
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Trezevant, our customers or others; and
• For any other purpose with your consent.
Trezevant may also provide your Personal Information that we collect from you as described in this Privacy Policy to our subsidiaries, affiliates and agents acting on its behalf in connection with the activities described above; to contractors, service providers and other third parties we use to support our business; to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Trezevant’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Trezevant about our Website users is among the assets transferred.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
• Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system and browser type.
This form of information does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. We will use it as it helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include the following:
• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Trezevant, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Google Analytics
We also use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls, and we implement data encryption and network security measures to protect your information. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
External Privacy
Trezevant is not responsible and cannot vouch for the privacy practices of other web sites, including web sites that are linked to the Site. Once you leave the Site, you are subject to the privacy policy of the web site you are currently browsing.
Changes to Our Privacy Policy
You are responsible for ensuring we have an up-to-date active and deliverable communication methods for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Opt-Out, Unsubscribe, and Correcting Personal Information
We respect your privacy and give you an opportunity to change your preferences or to opt-out of receiving announcements or communications of certain information, from any to all number of channels you choose. Users may opt-out of receiving any or all communications from email, telephone calls, SMS/texting for The Trezevant Episcopal Home by contacting us here:
• Calling our Trezevant IT Services Team: 901.480.8855
• Send an email communicating your change of preferences to privacy@trezevantmanor.org
• Fill out the Contact Us Form and comment your change of communication preferences
• If you wish to review or correct any of your Personal Information that Trezevant received from you, please send an e-mail with “Personal Information Request” in the subject field to privacy@trezevantmanor.org.
• To opt out of Google services
• You may also change your Ads Settings within your Google account to help control the types of Google ads you see, and the information gathered there.
The Trezevant Episcopal Home Retirement Community
177 N. Highland St.
Memphis, TN 38111