Terms and Conditions

Below are Terms and Conditions for Maria’s Place website General usage and The Monthly Activity Box Subscription, a premium Maria’s Place service.

 

General Website Terms & Conditions

1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Maria’s Place’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
    1. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    2. attempt to decompile or reverse engineer any software contained on Maria’s Place’s web site;
    3. remove any copyright or other proprietary notations from the materials; or
  2. Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Maria’s Place at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Maria’s Place’s web site are provided “as is”. Maria’s Place makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Maria’s Place does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Maria’s Place or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Maria’s Place’s Internet site, even if Maria’s Place or a Maria’s Place authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Maria’s Place’s web site could include technical, typographical, or photographic errors. Maria’s Place does not warrant that any of the materials on its web site are accurate, complete, or current. Maria’s Place may make changes to the materials contained on its web site at any time without notice. Maria’s Place does not, however, make any commitment to update the materials.

6. Links

Maria’s Place has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Maria’s Place of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Maria’s Place may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Maria’s Place’s web site shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.

9. Refund Policy

No refunds on monthly subscriptions (including no partial refunds).

Monthly Activity Box Terms & Conditions

1. Description of Services

1.1 Monthly Activity Box (“Activity Box”). Description of Activity Box and terms associated with the subscription for Services:

  • The box will arrive before the 1st day of the Month of Service. The Month of Service is defined as the month the materials in the box are made for. For example, the April Activity Box will contain materials specific to the month of April. In this example, April is the Month of Service and the box will arrive in March, before the 1st day of April.
  • The box contains: A Monthly Activity Calendar that is customized for Customer and Activities by Maria’s Place (a minimum of 3 per day on weekdays and 1 per day on weekends), with directions and supplies as needed for each activity.
    • The Monthly Activity Calendar will contain activities and outings that Customer submits to Maria’s Place to enter into calendar. Customer is responsible for planning and providing any supplies for any activities in the calendar that were submitted by Customer to be included in the Monthly Activity Calendar.
    • Customer has the option to elect not to receive the Monthly Activity Calendar and instead receive the activities from the Monthly Activity Calendar as supplied by Maria’s Place in a list format so that Customer can incorporate the activities into Customer’s own calendar.
    • Customer acknowledges that Basic Standard Supplies will not be provided by Maria’s Place and are the sole responsibility of Customer to maintain inventory of such supplies. Basic Standard Supplies include but are not limited to: scissors, pens, pencils, regular paper, paints, markers, crayons, paint brushes, tape, glue stick, white glue, whiteboard or large paper for whiteboard activities and associated materials.
    • Customer acknowledges that because residents in Senior Living Communities enjoy repeating certain activities, Maria’s Place will repeat a select few activities provided by Maria’s Place each month.

1.2 In order for Services to be performed by Maria’s Place, Customer agrees to meeting the following deadlines:

  • Payment schedule, as described in Section 2 of this contract.
  • The deadline to subscribe to the Activity Box is the 1st day of the month prior to the Month of Service.
  • Any activities the Customer wants to be included in the Monthly Activity Calendar outside of the Maria’s Place provided activities must be submitted to Maria’s Place no later than the 7th day of the month prior to the Month of Service. If Maria’s Place has not received Customer’s submission by then, you will be sent a list of our activities instead of the calendar for that box (this way Customer can add the activities to Customer’s own calendar instead).

2. Payment

Payment shall be made by credit card.

Customer agrees to pay Maria’s Place as follows, depending what was selected by Customer at subscription checkout:

  • Year Long Commitment. Customer Agrees to commit to the monthly payment for one year. Customer agrees to pay a one-time account setup fee plus an ongoing subscription payment per month plus tax. The monthly subscription fee is charged on the 1st of the month before the Month of Service.
  • Year Long Commitment Paid in Full. Customer Agrees to pay for the year in full at checkout. No monthly payments.
  • Month-to-Month Commitment. Customer Agrees to commit to the monthly payment on a month-to-month basis. Customer agrees to pay a one-time account setup fee plus an ongoing subscription payment plus tax. The monthly subscription fee is charged on the 1st of the month before the Month of Service.

If any invoice is not paid when due, Services for the Month of Service will not be delivered by Maria’s Place.

In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Maria’s Place has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies as described below under “Remedies on Default.”

3. Refund and Cancellation Policy

All Cancellation requests must be made in writing. To cancel, Customer must contact Maria’s Place by emailing [email protected], with the email subject line “CANCEL ACTIVITY BOX” and in the body of the email, Customer must provide Customer’s account information and relevant cancellation information.

3.1 Cancellation Policy for Year Long Commitment paid monthly. If Customer wishes to cancel Services before the Year Long Commitment is fulfilled, Customer will be charged a cancellation fee of $500. Because Customer pays for the Month of Service one month in advance, customer must cancel 30 or more days in advance to stop receiving services for the Month of Service (e.g. if Customer cancels after March 1st and before April 1st, Customer will receive April Activity Box but not May Activity Box or any other following Activity Boxes). Customer is not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

3.2 Cancellation Policy for Year Long Commitment paid in full. If Customer wishes to cancel Services before the Year Long Commitment is fulfilled, Customer will be charged a cancellation fee of $500. Because Customer pays for the Month of Service one month in advance, customer must cancel 30 or more days in advance to stop receiving services for the Month of Service (e.g. if Customer cancels after March 1st and before April 1st, Customer will receive April Activity Box but not May Activity Box or any other following Activity Boxes). Customer is not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

3.2 Cancellation Policy for Month to Month Commitment. Customer can cancel Services at any time with no fee. Because Customer pays for the Month of Service one month in advance, customer must cancel 30 or more days in advance to stop receiving services for the Month of Service (e.g. if Customer cancels after March 1st and before April 1st, Customer will receive April Activity Box but not May Activity Box or any other following Activity Boxes). Customer is not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

3.3 Refund Policy. Customer understands and agrees that there are no refunds or exchanges for any products provided by Maria’s Place once items are delivered to the carrier who delivers these products to the Customer, unless product received by Customer is damaged. Maria’s Place provides a selection of products which may vary from box to box sent to various Customers of the Service. Maria’s Place cannot accommodate specific requests for certain products, as Maria’s Place operates from a limited inventory of products depending on availability.

4. Warranties

Maria’s Place shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Maria’s Place’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Maria’s Place on similar projects.

5. Work Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Maria’s Place in connection with the Services will remain the exclusive property of Maria’s Place. Written materials included in Monthly Activity Boxes may not be reproduced or used in any manner whatsoever without the express written permission of Maria’s Place. The exception is that Customer can photocopy and distribute written activities among residents and employees to be used freely within the community of the Customer’s place of work.

6. Default

The occurrence of any of the following shall constitute a material default under this Agreement:

  1. The failure to make a required payment when due.
  2. The insolvency or bankruptcy of either party.
  3. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
  4. The failure to make available or deliver the Services in the time and manner provided for in this contract.

7. Remedies on Default

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

8. Force Majeure 

If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

9. Dispute Resolution

Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance under the rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. The arbitrator(s) shall not have the authority to modify any provisions of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

10. Confidentiality

Maria’s Place, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Maria’s Place, or divulge, disclose, or communicate in any manner, any information that is proprietary to Customer. Maria’s Place and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.

Maria’s Place collects only that personal information from Customer that is necessary to successfully provide Services to Customer. Maria’s Place does not disclose or sell Customer’s personal information for any purpose other than for the specific purpose of performing the Service specified in this contract. Maria’s Place will never sell Customer’s information to any third parties.

Maria’s Place does not store Customer’s credit card information.

11. Notice

Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered via email to [email protected], or in person or by certified mail, return receipt requested, to PO Box 1810, Edwards, Colorado, 81632 or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

12. Entire Agreement

This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

13. Amendment

This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.

14. Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

15. Waiver of Contractual Right

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

16. Applicable Law

This Agreement shall be governed by and construed according to the laws of the State of Colorado without reference to its conflicts of law principles.

17. Limitation of Liability

Maria’s Place does not bear responsibility for any injury sustained while following supplied exercise programs. Customer must use common sense while exercising and if necessary, get medical advice before starting a regime. If the end-user is not capable of making their own decisions, it will be the responsibility of Customer and any of Customer’s staff to make sure the activity is suitable for Customer’s clients. Customer agrees to be mindful of any existing medical conditions and physical or mental limitations of Customer’s staff and clients. Everything stated in this paragraph applies to any and all activities supplied by Maria’s Place.

Disclaimer: Maria’s Place uses information publicly available on the Internet as a part of preparing activities that are a part of the Service. Maria’s Place always provides sources if information contained originated elsewhere. Maria’s Place cannot be held responsible if any information from these sources is incorrect. Maria’s Place will always make its best effort to provide the most accurate information to Customer.