Terms Of Service - Assisted Living Directory

Last updated: May 25, 2018

Welcome to our website. This website is maintained as a service to our users. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website. This Agreement (“the “Agreement”) specifies the terms and conditions for access to and use of www.assisted-living-directory.com (the “Website”). We may modify this Agreement at any time upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the Website. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. The last revision date for this Agreement is set forth above. Privacy Policy. Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at www.assisted-living-directory.com/privacy.cfm. Content. The Website displays both content we have created and content that is not created or developed by us. We may review third-party content to determine whether it is illegal or violates our policies, and we may remove or refuse to display third-party content that we reasonably believe violates the law or our policies. However, we cannot guaranty the accuracy, adequacy or quality of the third-party content, or the qualifications of those posting the third-party content. All content included on this Website is and shall continue to be our property or the property of our content suppliers or third parties and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. Services for Senior Housing, Care Providers, and Care Facilities. Our Website offers optional business listing and other services to senior housing, care providers and care facilities (each a “Provider”). Such services may include the publication of advertising or website content that a Provider provides to us (the “Provider Content”). The Provider retains all rights in, and is solely responsible for, the Provider Content posted on the Website. The Provider gives the Website, our affiliates, and third-party service providers a non-exclusive, worldwide, fully paid, royalty-free, irrevocable, perpetual, transferable license to use, modify, publicly display, reproduce and distribute the Provider Content, in whole or in part, in connection with our Website. It is the Provider’s sole responsibility to ensure that the Provider Content and any other information or advertisements published to our Website fully complies with all applicable laws. We do not review or verify the information or representations set forth in Provider business listings or profiles as such information and representations are self-reported by each participating Provider. We, therefore, make no representations or warranties regarding any Provider Content or other information published to our Website by a Provider. A Provider may expose itself and its representatives to liability if, for example, its Provider Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including copyright, trademark, patent, trade secret, moral right, privacy right, or any other intellectual or proprietary right; contains material that is unlawful; or violates any law. Intended Audience. This Website is intended for adults only. This Website is not intended for any children under the age of eighteen (18). Trademarks. SeniorLiving.org is our trademark. Other product and company names mentioned on this Website may be trademarks of their respective owners. Website Use. We grant you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at our discretion and we may terminate your use of this Website at any time. Interaction with other Users. You agree to be courteous and respectful at all times in your interactions with other users of the Website. If you fail to be courteous and respectful of other users, we may terminate your use of this Website. Links. This Website contains links to Providers, other websites and online resources for senior housing and care. The links are provided to assist in the search for relevant information of interest to the users of the Website and are not intended to state or imply that we are affiliated or associated with, endorse, or sponsor such external sites or resources, or that we are legally authorized to use any trade name, trademark, logo or copyright from such websites and online resources. In some cases, we may be affiliated with or sponsored by such external sites or online resources. Please visit our Disclosures for more information regarding our affiliate relationships. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge. Indemnification. You agree to indemnify, defend and hold the Website, its owner, operator, and our partners, employees, contractors, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website. Disclaimer. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ITS OWNER AND OPERATOR DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THIS WEBSITE OR ITS OWNER OR OPERATOR, OR THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OWNERS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATING TO (A) THE WEBSITE, (B) YOUR WEBSITE USE, (C) THE CONTENT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, (D) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (H) ANY ERRORS OR OMISSIONS OR DELETIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF AND CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • You can contact our Copyright Agent for notice of claims of copyright infringement at info@assisted-living-directory.com
 Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern these terms and conditions of use and any dispute that may arise between you and the Website, or its owner, operator or affiliates. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. Termination. We may terminate this Agreement at any time, with or without notice, for any reason. Contact Information. info@assisted-living-directory.com