Maine Life Care Retirement Community, Inc, DBA Piper Shores SMS/Text Message Terms of Use and Privacy Policy
SMS Terms of use
Maine Life Care Retirement Community, Inc. DBA Piper Shores TEXT MESSAGING TERMS OF USE
By “Opting In” to or using a “Text Message Service” (as defined below) from Maine Life Care Retirement Community DBA Piper Shores, you accept these Terms of Use. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
This agreement is between you and Maine Life Care Retirement Community, Inc. DBA Piper Shores or one of its affiliates. All references to “Maine Life Care Retirement Community, Inc. DBA Piper Shores,” “Piper Shores,” “we,” “our,” or “us” refer to Maine Life Care Retirement Community, Inc. DBA Piper Shores, 15 Piper Road Scarborough, Maine 04074.
DEFINITIONS
“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.
“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).
CONSENTING TO TEXT MESSAGING
By consenting to receive text messages from us, you agree to these Text Messaging Terms of Use, as well as Maine Life Care Retirement Community, Inc. DBA Piper Shores’s Privacy Policy, as they may be amended from time to time, incorporated herein by reference. For employees of Piper Shores, use of this service also falls under Maine Life Care Retirement Community, Inc. DBA Piper Shores’s End User Acceptable Use Policy.
E-SIGN DISCLOSURE
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.
Maine Life Care Retirement Community, Inc. DBA Piper Shores’s TEXT MESSAGE SERVICE PRIVACY POLICY
We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify Piper Shores Privacy Policy, incorporated by reference above, which may govern the relationship between you and us in other contexts.
COSTS OF TEXT MESSAGES
We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
FREQUENCY OF TEXT MESSAGES
This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).
OPTING OUT OF TEXT MESSAGES
If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.
CONTACT US
For support, please contact 207-883-8700 and request assistance from the IT department, or email SMS@pipershores.org
Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Maine Life Care Retirement Community, Inc, DBA Piper Shores agree to resolve any claims relating to these Terms, or your receipt of text messages from Maine Life Care Retirement Community, Inc, DBA Piper Shores, or anyone sending text messages on Maine Life Care Retirement Community, Inc, DBA Piper Shores’s behalf, including but not limited to, its service providers, through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Maine Life Care Retirement Community, Inc, DBA Piper Shores’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Maine Life Care Retirement Community, Inc, DBA Piper Shores may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Maine Life Care Retirement Community, Inc, DBA Piper Shores must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111. (3) Send one copy of the Demand for Arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Maine Life Care Retirement Community, Inc, DBA Piper Shores will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Maine Life Care Retirement Community, Inc, DBA Piper Shores will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Maine, or any other location we mutually agree to, subject to Maine law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent Jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Maine Life Care Retirement Community, Inc, DBA Piper Shores, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Maine Life Care Retirement Community, Inc, DBA Piper Shores.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Maine Life Care Retirement Community, Inc, DBA Piper Shores in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MAINE LIFE CARE RETIREMENT COMMUNITY, INC, DBA PIPER SHORES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Maine Life Care Retirement Community, Inc, DBA Piper Shores at sms@pipershores.org and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website. IF YOU OPT OUT OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT MAINE LIFE CARE RETIREMENT COMMUNITY D/B/A PIPER SHORES RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY, SUSPEND, OR TERMINATE YOUR PARTICIPATION IN THE TEXT MESSAGING SERVICE.