Terms of Service

Overview

EFFECTIVE MAY, 2024

Kindly review these Terms and Conditions of Use (“Terms of Use”) meticulously. Your engagement with this website, as well as all other websites owned and/or operated by Senior Places (collectively referred to as “Site” or “Sites”), and/or the services offered by Senior Places through or in association with these Sites (including senior housing and care marketing and information services (“Services”)), is contingent upon your acceptance of these Terms of Use without alteration. By marking the checkbox next to the link through which you accessed these Terms, or by accessing or utilizing our Sites or Services, you consent to adhere to the Terms of Use and all terms integrated by reference. If you disagree with the Terms of Use, you should refrain from using the Sites and/or the Services.

Please be aware that these Terms of Use include a compulsory and binding arbitration clause, a class action waiver, and a waiver of the right to jury trial, which significantly influence your legal rights in how to resolve any dispute with Senior Places. It is important to read this section thoroughly.

The Sites and the Services are provided by Senior Places.

The Terms of Use apply to your access to, and use of, the Sites and/or the Services, so please read them carefully.

We reserve the right to change or modify any of the Terms of Use, the Sites, and/or the Services at any time. If we decide to change our Terms of Use, we will notify you by revising the date at the top of the Terms of Use and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Your use of the Sites and/or the Services following the posting of changes or modifications to the Terms of Use will constitute your acceptance of the revised Terms of Use. Therefore, you should review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Sites and/or Services. If you do not agree to the amended terms, you must immediately stop using the Sites and/or Services. To the extent that notice is required under any applicable law or otherwise, you waive the right to such notice, provided that this sentence will not apply to you if you are a Washington State resident or to the extent you are seeking Services in Washington State.

The Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Senior Places for services, products, or otherwise. Your access to, and use of, the Sites may also be subject to any legal notices or additional terms and conditions applicable to the Sites and/or Services, in addition to these Terms of Use, (“Additional Terms”). Where Additional Terms apply to the Services, the Additional Terms will be accessible for you to read through your use of the Services and/or provided separately. These Terms of Use, together with the Additional Terms, form a legally binding agreement between you and Senior Places in relation to your use of the Sites and/or Services. It is important that you take the time to read them carefully. If there is any contradiction between what the Additional Terms say and what these Terms of Use say with respect to the Services, then the Additional Terms shall take precedence in relation to that Service.

To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.

OUR SERVICES

Senior Places offers a senior housing and care marketing and information service, delivering resources and tailored support in the search for senior housing and care solutions. We assist families in exploring options that align with their loved one's specific needs and preferences, enabling them to make well-informed choices. Our services encompass a range of options including independent living, home care, residential care homes, assisted living, specialized memory care, and skilled nursing facilities. Based on the family's expressed needs and preferences, we provide them with details about our contracted facilities (“Participating Communities”) and relay the family's information to these communities. Families have access to comprehensive information about both local and national Participating Communities and can receive personalized, expert guidance by a Senior Places Advisor. This service is provided at no cost to families, as Participating Communities compensate Senior Places through a fee arrangement.

PARTICIPATING SENIOR HOUSING AND/OR CARE COMMUNITIES

The Communities that participate are solely accountable for assessing and making decisions about accepting (or rejecting, as necessary) and providing care for all residents. This includes, but is not limited to, ensuring their staff are suitably qualified, up-to-date in their training, and equipped with the necessary facilities, resources, and tools to competently deliver the services and care needed by its residents. Each Participating Community bears responsibility for the state of its premises and for the training, actions, and inactions of its staff, contractors, suppliers, and any person working in or for a community.

Responsibility for the material published on its individual page or across the Sites lies with each Participating Community. This content does not reflect our opinions or those of anyone associated with our organization, nor do we exercise control over it. We do not guarantee the truthfulness or completeness of any information posted on the Sites by and/or on behalf of the Participating Community, nor do we accept any responsibility or bear any liability for any decisions you might make based on this information. When using the Sites and/or Services, you accept all related risks.

NOT A BROKER; NO ENDORSEMENTS; NO AFFILIATIONS

We do not independently evaluate the quality, nor do we advocate for or endorse, any Participating Community. Our role is limited to providing an informational service and we do not engage in activities such as (1) placing consumers in any Participating Community, (2) conducting any medical evaluations for the consumer or the Participating Community, or (3) involvement in the decision-making process of the consumer and Participating Community regarding final selection or admittance. Additionally, we are neither a representative nor an agent for the consumer or the Participating Community and do not act on behalf of either party. The decision and responsibility to determine whether a person is a suitable candidate for admission to the Participating Community rests entirely with the Participating Community, the prospective resident, and/or the prospective resident’s family, care provider(s), or other authorized individuals acting for the prospective resident. Senior Places does not engage in the brokerage, sale, or leasing of spaces and is not involved in any agreements or transactions between the provider and the family.

NO PROFESSIONAL ADVICE

All information, materials, content and/or advice on the Sites or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. Senior Places expressly disclaims, and you expressly release Senior Places from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Sites and/or Services. You should consult with an appropriately trained and licensed specialist for all concerns that require medical, legal, financial, or other professional advice.

PRIVACY AND CONSENT TO COMMUNICATIONS

Your confidentiality is a priority for us, and we maintain a Privacy Policy detailing our procedures for gathering and utilizing your personal data obtained via the Sites and during your usage of our Services. We encourage you to consult our Privacy Policy for a comprehensive understanding of our practices related to the collection and use of personal information. By completing any forms on the Sites or submitting information to us, you explicitly agree to be contacted by us and/or the Participating Communities, via phone, mobile, email, post, or other means. As a current or prospective user of the Services, you permit us to share the information you have given us, along with relevant information we might obtain from other sources, with Participating Communities to facilitate the provision of Services. This consent remains effective until you revoke it by notifying us that you no longer wish to receive our Services. However, we reserve the right to refer to and/or disclose your information in communications with a Participating Community as required for our standard business interactions related to Participating Community activities (like billing issues) until these issues are resolved.

RECORDED TELEPHONE COMMUNICATIONS

Telephone communications between You and Senior Places may be recorded or monitored for quality control purposes. You expressly consent to Senior Places recording and monitoring these telephone communications.

AGREEMENT TO AUTOMATED TELEPHONE DIALING SYSTEM

By providing your phone number, you consent to receive communications from Senior Places and our senior living clients. You acknowledge that both we and our senior living clients may utilize automated dialing systems and technology to contact you via voice call or text message at the phone number you have supplied. This applies even if your number is registered on a Do Not Call list. However, please note that giving this consent is not a requirement for using our Services.

As with previous sections, it's crucial to have your revised policy reviewed by a legal professional to ensure it is accurate and compliant with relevant laws and regulations.

TERMS OF SITE USAGE; CONDITIONAL LICENSE

We grant you a conditional, revocable, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Sites and all the included content, data, and materials (referred to as “Site Materials”) solely for your individual use, adhering to the stipulations of these Terms of Use. You agree not to employ the Sites or any Site Materials for purposes other than their designated use, or in any manner that could cause harm to Senior Places or violate laws. Unauthorized use of the Sites or Site Materials, beyond the scope of this agreement, is expressly forbidden and will result in the immediate and automatic revocation of the granted license. Such misuse may also infringe upon various laws, including, but not limited to, copyright, trademark laws, and communication regulations and statutes. Except as explicitly indicated in these Terms of Use, no intellectual property rights are conferred to you, whether inferred, by implication, or otherwise. Senior Places reserves the right to revoke this license at any time without notice.

PROHIBITED ACTIONS IN USING THE SITES AND/OR SERVICES

Outlined below are examples of actions and activities that you, as a user, are prohibited from engaging in when accessing and/or using the Sites and/or Services. Your agreement includes not participating in any of the following:

• Utilizing the Sites for any business-related purposes.
• Facilitating or endorsing any unlawful acts through the use of the Sites or Services.
• Uploading, attempting to upload, or transmitting any malware, including viruses, worms, trap doors, back doors, Trojan horses, timers, clocks, counters, or any other harmful or malicious software that could damage the Sites, Senior Places’ computer systems or data.
• Disrupting the smooth operation of the Sites in any manner, including but not limited to damaging, disabling, or substantially slowing the Sites, or disturbing or breaching the servers or networks connected to the Sites, or not complying with any rules, procedures, policies, or regulations of networks associated with the Sites.
• Altering, copying, distributing, reselling, broadcasting, exhibiting, replicating, publishing, granting licenses, creating derivative works from, enclosing within another webpage, or using on another website or service any content from the Sites.
• Engaging in "screen scraping," "database scraping," "data mining," or any similar activities aimed at obtaining user lists or other information from the Sites, or employing web “bots” or similar data gathering or extraction methods for such purposes.
• Trying to reverse engineer or compromise the proper working of the Sites, or attempting to discern the source code of the software that enables or underpins the Sites. Attempting unauthorized access to secured sections of the Sites.
• Bypassing, trying to bypass, disabling, or attempting to disable, or identifying or attempting to identify any security measures implemented by Senior Places to safeguard its computer and/or telecommunication systems.
• Utilizing the Sites and/or Services for distributing unsolicited email advertisements or spam; or facilitating the dissemination of bulk unsolicited commercial advertising or solicitations via email (spam).
• Using the Sites and/or Services to stalk, harass, or cause harm to others. Falsely impersonating any individual or entity, or misrepresenting your relationship with a person or entity.
• Uploading, sharing, or printing any material that could be detrimental to minors.
• Mirroring or framing the Sites, placing pop-up windows over its pages, or impacting the display of its pages in any other way.
• Participating in any additional activities that are unlawful or cause harm to Senior Places.

OWNERSHIP OF INTELLECTUAL PROPERTY

All trademarks, service marks, and trade names used are the exclusive property of Senior Places and our licensors. All rights, ownership, and interest in the Sites, including all content, materials, trademarks, and other intellectual property found within the Sites, belong entirely to Senior Places and its licensors. The name of Senior Places, as well as any products, services, slogans, or logos mentioned on the Sites, are either trademarks or registered trademarks of Senior Places in the United States and/or other international jurisdictions. The trademarks of third-party companies and products mentioned on the Sites are the property of their respective owners. All rights not explicitly granted in this document are reserved.

ACCOUNT SECURITY

On certain portions of the Sites, you will be provided with a password and user identification to use the Sites. You must agree to abide by these Site Terms and are responsible for all activity under such user identification. You are responsible for maintaining the confidentiality and security of any password connected with your account.

LINKS TO THIRD-PARTY WEBSITES

The Sites may feature hyperlinks to third-party websites (“External Web Sites”). These links are provided solely for your convenience. Senior Places does not have control over these External Web Sites, and therefore, we are not accountable for the content of any external site or any links contained within such sites. The inclusion of links to External Web Sites does not imply endorsement of any third parties who advertise their products or services on the Sites (including Participating Communities). We do not make any assertions or assume any responsibility regarding the quality, content, nature, or dependability of External Web Sites.

Be aware that when you exit our Site, our Terms of Use and Privacy Policy no longer govern your usage of External Web Sites. You should examine the relevant terms and policies, particularly those pertaining to privacy and data collection, of any External Web Sites you visit through our Site. Your interactions with and usage of these External Web Sites are solely at your own risk, and you agree to not hold Senior Places responsible for any issues arising from your use of these External Web Sites.

PROMOTIONS AND INFORMATION ON THIRD-PARTY OFFERINGS

Our Sites may display advertisements and promotions from third parties, including Participating Communities, or may offer information, links, or referrals to third-party products or services, including those from Participating Communities (“Third Party Products and Services”).

We provide no assurances regarding the accuracy, timeliness, appropriateness, or quality of information related to these Third Party Products and Services. We are not liable for any unintended, offensive, inaccurate, deceptive, or illegal content presented by these Third Party Products and Services. Since we do not have control over these Third Party Products and Services, we are not accountable for any loss or damage that may arise from your interactions or business dealings with them, and you engage with such Third Party Products and Services at your own risk.

Any business transactions, communications, or participation in promotions of such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such interactions, are strictly between you and the respective third party.

You are encouraged to thoroughly research and independently assess the value, quality, and credibility of any Third Party Products and Services that you encounter on or through our Sites.

DISCLAIMER

The Sites, along with all the Site Materials (inclusive of all content from third parties), and all the links, information, materials, evaluations, recommendations, services, and products accessible on or via the Sites are offered on an “as is” basis, devoid of any kind of warranty, either expressed or implied. Your utilization of the Sites and the Materials is entirely at your own risk. Senior Places and its associated entities (which include affiliates, successors, officers, directors, shareholders, personal representatives, agents, and employees) explicitly disclaim any and all warranties, whether expressed or implied, including, but not limited to, warranties of merchantability, suitability for a particular purpose, title, and non-infringement in relation to the Sites, the Site Materials, links, data, materials, services, and products available on or through the Sites and/or Services. Furthermore, Senior Places assumes no responsibility for the goods or services offered by, or the conduct of, any third party or its agents or employees, regardless of whether we have referred you to such parties, which includes, but is not limited to, any Participating Community or other health care and/or senior housing and care provider, whether offline or online. No oral or written information from Senior Places or any other party shall alter this disclaimer. Senior Places categorically denies any guarantees, representations, or assurances that the materials on the Sites are precise, complete, reliable, current, or error-free. While we strive to maintain a safe environment free from viruses, Senior Places does not claim or guarantee that the Sites or its server(s) are devoid of viruses or other harmful elements. Under no circumstances shall Senior Places be held accountable for any products, services, content, or information provided through the Sites or otherwise offered by or on behalf of Senior Places.

LIMITATION OF LIABILITY

To the fullest extent allowable by applicable law, Senior Places and its related parties shall not be liable for any special, punitive, exemplary, incidental, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data or information, for business interruption, and for any other monetary or other loss whatsoever, arising out of or in any way connected to the use of the Sites and/or Services, our actions or inactions related to the Sites and/or Services, or under any agreement with the Sites and/or Services, regardless of the legal theory, including without limitation tort, strict liability, breach of contract, or breach of warranty by us or any associated party, and even if we have been informed of the possibility of such damages.

The limitations, exclusions, and disclaimers outlined in this “Limitation of Liability” section are to be enforced to the greatest extent permissible under applicable law, even if any remedy does not fulfill its essential purpose. In accordance with applicable law, the total liability of Senior Places and the associated parties, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), or other legal theories, related to the use or inability to use the entire Site shall not exceed the greater of USD $50.00 or any fees you have paid to Senior Places for access to or use of the Site and/or Services. The limitations in this section will not restrict or exclude the liability of Senior Places or the associated parties for gross negligence, fraud, intentional, willful, malicious, or reckless misconduct. Certain jurisdictions, such as Washington State, may not permit the exclusion or limitation of consequential or indirect damages, so this limitation may not apply to you in such jurisdictions.

INDEMNIFICATION

To the fullest extent permitted by applicable law You agree to indemnify and hold Senior Places and the Associated Parties harmless from any claim or demand, including attorneys’ fees, arising out of your use of the Sites and/or the Services or your violation of our Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.

TERMINATION

We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.

CHANGES TO THE SITES AND/OR SERVICES

We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, your access to and use of) at any time without notice.

GOVERNING LAW AND FORUM SELECTION

Any dispute arising from the Site and your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Orange County, California.

COPYRIGHT INFRINGEMENT NOTICES & DMCA NOTICES

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
3. Your address, email address, and telephone number.
4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send your notice by using the contact information below:

Senior Places

Email: info@seniorplaces.org

GENERAL TERMS

Should any portion of these Terms of Use be deemed void or unenforceable under relevant law, such invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most accurately reflects the original intent of the provision in question, and the remaining Terms of Use shall remain effective. You are not permitted to transfer these Terms of Use, nor are you allowed to assign, transfer, or sub-license your rights in the Sites, if any. Apart from what is explicitly mentioned here, these Terms of Use represent the complete and exclusive agreement between you and Senior Places regarding the Sites.