Privacy Policy

The Sarah Community
Online Privacy Policy

Last Updated: 10/8/07

I.  INTRODUCTION

Welcome to the website for The Sarah Community (referred to hereinafter as the “Site”).  This Online Privacy Policy (“Privacy Policy”) describes how The Sarah Community (also referred to hereinafter as “we,” or “us”) collects, uses and shares personal information obtained from you when you visit this website, and describes your privacy choices when accessing and using the Site. 

Please read this Privacy Policy carefully.  By accessing or using the Site, you consent to our collection, use, and sharing of personal information as described in this Privacy Policy.  If you do not accept this Privacy Policy, you should leave and discontinue all use of the Site. 

II.  HOW WE COLLECT AND USE PERSONAL INFORMATION

Personal Information You Volunteer.  We collect any personal information that you provide while visiting or using the Site.  This may include your name, mailing address, email address, phone number, and other contact information, and any other personal information that you submit when filling out an application, requesting that we contact you, responding to a survey or questionnaire, or otherwise submitting content on the Site.  We use this personal information for the purposes made apparent at the time of collection, as well as to communicate with you regarding the Site, monitor and improve the quality of the Site, and as otherwise required or permitted under applicable law.

Automatic Collection of Information.  Certain types of information may be collected automatically when you visit and use the Site.  For instance, we may collect the IP address of the computer you are using; the name of the domain and host from which you access the Internet; the Internet address of the Web site from which you linked to the Site; the type of browser you are using; time and date stamp information; and information regarding your visit to the Site, including your landing page, the number and order of pages viewed, and the time spent on a particular page.  We do not treat this non-personally identifiable information as personal information, unless it is combined with contact, account or similar information that personally identifies you.

Cookies.  Like many websites, this Site may use session-based or persistent “cookies” or similar technologies to automatically gather some information about you or offer a personalized experience when using the Site.  We use these technologies to enhance and facilitate use of the Site.  Some areas of the Site may require cookies, and cannot be used without enabling cookies.  If you are concerned about cookies stored on your computer, we encourage you to follow your web browser’s guidance for deleting cookies after completing a browsing session.

III.  HOW WE SHARE PERSONAL INFORMATION

Affiliates and Business Partners.  We do not rent or sell your personal information to unaffiliated third parties for mass marketing purposes.  We may share personal information collected through this Site with our affiliated entities and our strategic business partners.  These affiliates and business partners may use the information to contact you regarding information or services that may be of interest, or as otherwise required or permitted under applicable law.

Service Providers.  We may share personal information collected through the Site with companies that perform services on our behalf, including companies that provide support services to us (such as data storage and web hosting services).

Law Enforcement and Protection.  We may disclose your personal information when we believe disclosure is appropriate to comply with the law (including a court order or subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce the terms that govern your use of this Site; or to protect the rights, property or safety of our Site, other users, or third parties.  We also reserve the right to report to appropriate law enforcement or government agencies any activities that we, in good faith, believe to be harmful or unlawful, with or without providing notice to you.

Business Transfers.  All personal information and other content submitted by you to us is treated as a business asset, and may be transferred to another organization that acquires an ownership interest in the stock or assets of our organization, including as the result of a sale, merger, reorganization, dissolution or liquidation.

IV.  PRIVACY PRACTICES OF THIRD PARTIES

Links to Third Party Websites.  This Site may contain links to other websites.  We do not take any responsibility for monitoring these links, and inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval.  You should review the privacy policies of other websites carefully before providing any information to such websites.  We shall not be responsible or liable for any information, opinions, goods or services available on or through any third party website, or any third party website’s privacy practices.

Publicly Posted Information.  Please consider carefully the types of personal information and other content that you post for public display on the Site.  We have no control over how other users may respond to, use, or misuse the information that you choose to post publicly.  The Sarah Community, its directors, officers, employees, agents and affiliates are not responsible for any other user’s or third party’s use of use of personal information or other content that you post for public display on the Site, or for the online or offline actions of any other user or third party, and shall have no liability for any actions or inaction taken in connection therewith. 

V.  CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy from time to time, including without limitation as necessary to reflect new or unanticipated uses of personal information not previously disclosed in this Privacy Policy.  Any such modifications shall be effective when posted by us on the Site or otherwise made available to you.   Your access to or use of the Site after we have modified this Privacy Policy shall signify your acceptance of the amended terms.   However, any significant changes in the way we use or share your personal information will not apply to personal information previously collected by us, unless we notify you of the change on the website or via email and you provide your consent.  It remains your responsibility to review this Privacy Policy regularly to ensure that you are updated as to any changes.

VI.  TERMS OF SERVICE

This Privacy Policy, and your submission and our use of personal information, is further subject to the Terms of Service Agreement for this Site, available at http://www.thesarahcommunity.com/privacypolicy.html.

VII.  CHILDREN

This Site is intended for and directed to adults.  In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly permit submission of personally identifiable information by anyone under 13 years of age.  If you are under the age of 13, please do not provide us with any personally identifiable information.  If we are notified that someone under the age of 13 has provided us with personally identifiable information, we will use reasonable efforts to remove such personal information from our databases.

VIII.  ONLINE SECURITY

We implement measures to protect against the loss, misuse or alteration of sensitive personal information under our control and not otherwise publicly posted on the Site.  However, please bear in mind that no website or data transmission over the Internet is totally secure.  As a result, we cannot promise or guarantee the security of any personal information you provide on or through the Site.

IX.  CONTACTING US

If you have questions about this Privacy Policy, desire to make corrections to personal information submitted to us, or any other questions or comments concerning this Site, please contact us at: http://www.thesarahcommunity.com/contact.aspx.

The Sarah Community
Website Terms of Use Agreement

Last Updated: 10/8/07

I.  INTRODUCTION

Welcome to the website for The Sarah Community (referred to hereinafter as the “Site”).  This Site provides you with general information about The Sarah Community (also referred to hereinafter as “we” or “us”), and includes the main domain and any sub-domains, as well as the features, functionality, content, products and services made available by us on or through this website.   

Please read this Terms of Use Agreement (this “Agreement”) carefully.  This Agreement includes the terms and conditions set forth in this document as well as our Privacy Policy, located at http://www.thesarahcommunity.com/privacypolicy.html, and incorporated into this Agreement by this reference.  By accessing or using the Site, you accept and agree to be bound by this Agreement.  If you do not accept this Agreement, you should leave and discontinue all use of the Site. 

If you have questions about this Agreement, or any other questions or comments concerning the Site, please contact us at http://www.thesarahcommunity.com/contact.aspx.

II.  OUR RIGHTS IN THE WEBSITE

We reserve all right, title and interest in and to the Site, including but not limited to all materials, information, and compilations of information available on or through the Site, as well as the domain name and sub-domains, design, layout, graphics, programming code and “look and feel” of the website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto.  You agree that you will have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use in accordance with this Agreement and all applicable laws and regulations.   You may not modify, reproduce, distribute, sell, or create derivative works based upon the Site, or post any content from the Site to newsgroups, mail lists or electronic bulletin boards.

III.  RESPONSIBLE BEHAVIOR

Permitted and Prohibited Conduct.  The Site is provided for your personal, non-commercial use, and access to and use of the Site is void where prohibited.  The following is a partial list of activities that are prohibited on this Site.  You agree not to:

• use the Site for advertising, promotional, or other commercial purposes;
• attempt to impersonate another user;
• submit content that is illegal, unlawful, violent, harmful, threatening, abusive, obscene, offensive harassing, defamatory, libelous, false, deceptive, misleading, unsafe, invasive of another's privacy, or endangers minors in any way;
• transmit “junk mail,”  “chain letters,” “pyramid schemes,” “spam,” or other unsolicited mass mailings or communications;
• promote criminal or illegal activity, including advertising any illegal service or offering any items for sale which are prohibited or restricted by any applicable law;
• infringe, misappropriate, or violate the copyrights, trademarks, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violate any contractual, fiduciary or other duty or obligation
• contact anyone who has asked not be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users for commercial, unlawful or any other purposes;
• engage in any automated use of the Site, such as using scripts to add users or post content;
• use automated means, including spiders, robots, crawlers, or data mining tools to download data from the Site; or
• attempt to gain unauthorized access to our network or computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.

Termination; Indemnification.  We reserve the right to terminate your access to or use of the Site at any time and for any reason, with or without prior notice to you, including if you violate any provision of this Agreement, or use the Site in a manner for which it is not intended to be used.  This Agreement, will survive and remain in effect even after such termination.  You agree to indemnify and hold us harmless from and against any and all claims, suits, damages, liabilities, losses, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and legal costs) arising out of or resulting from your use or misuse of the Site or your violation of this Agreement.

IV.  LINKS TO AND FROM THIS WEBSITE

Links to Third Party Websites.  The Site may contain links to other websites, including links posted by users or advertisers.  We do not take any responsibility for monitoring these links, and inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval.  When you access a third-party website, you do so at your own risk.  You should review the privacy policies of other websites carefully before providing any information to such websites.  We shall not be responsible or liable for any information, opinions, goods or services available on or through any third party website, or any third party website’s privacy practices.

Links to This Site.  We ask that you notify us in advance of your intention to link to this Site by emailing from http://www.thesarahcommunity.com/contact.aspx. You may not display this Site in frames (or any of the content found on this Site via inline links) without express written permission from us.

V.  DISCLAIMER

THIS SITE, AND ALL PRODUCTS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE SITE IS “AT YOUR OWN RISK.”  THE SARAH COMMUNITY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS and AFFILIATES MAKE NO REPRESENTATIONs OR warranties of any kind, EXPRESS OR IMPLIED, REGARDING thE Site, OR THE PRODUCTS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE, AND EXPRESSLY DISCLAIM any WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE do not represent or warrant that your USE OF THE SITE will be uninterrupted or error-free, or that any PRODUCTS, SERVICES, CONTENT, information or materials available on or through the Site will be TRUE, accurate, complete, current, FREE FROM VIRUSES OR OTHER MALICIOUS CODE, or free from typographical errors or alterations by third parties.

VI.  LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL THE SARAH COMMUNITY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE, AND (B) THE TOTAL CUMULATIVE LIABILITY OF THE SARAH COMMUNITY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES (IF ANY) PAID BY YOU TO USE THE SITE IN THE THREE (3) MONTHS PRECEDING THE FIRST SUCH CLAIM OR (II) ONE DOLLAR ($1), IN EACH CASE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT SHALL NOT EXPAND THIS LIMITATION.

VII. MISCELLANEOUS

Governing Law.  This Site is hosted in the United States of America.  This Agreement and the relationship between you and us relating to your access to your access to and use of the Site shall be governed by and interpreted in accordance with the laws of the State of Missouri, USA for all purposes, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. 

Jurisdiction and Venue.  You agree to submit to the personal jurisdiction of the state courts of St. Louis County, Missouri and the U.S. District Court of the Eastern District of Missouri for any dispute, claim or action arising out of or related to this Agreement or your access to or use of the Site, and hereby waive any objections to the exclusive personal jurisdiction and venue of such courts, including without limitation any objections based on forum non conveniens; provided, however, that the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you in any court of competent jurisdiction.

Assignments.  You may not assign this Agreement or assign or delegate any right or duty under this Agreement, in whole or in part.  Any attempted assignment or delegation shall be null and void from the beginning and without further effect.  We may assign this Agreement or any right or duty under this Agreement, with or without notice to you, including to any affiliate or successor in interest.  Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.

Changes to this Agreement.  We reserve the right to modify this Agreement from time to time, and any such modifications shall be effective when posted by us on the Site or otherwise made available to you.   Your access to or use of the Site after we have modified this Agreement shall signify your acceptance of the amended terms.   It remains your responsibility to review this Agreement regularly to ensure that you are updated as to any changes.  Except as set forth in this paragraph, this Agreement may not be amended except by a mutually agreed upon and binding written agreement signed by you and us.

Entire Agreement.  This Agreement sets forth the entire agreement of the parties with regard to the subject matter hereof, and supersedes all prior and contemporaneous negotiations and agreements, written or oral.  No provision of this Agreement shall be waived by any act, omission or knowledge of a party.  Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.  The Section headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.  The term “including” as used herein means “including without limitation.”  If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement shall continue in full force and effect.

© Copyright 2007 The Sarah Community.  All rights reserved.