EFFECTIVE FEBRUARY 2016
The Sites and the Services are provided by A Place for Mom, Inc. (“APFM”).
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.
A Place for Mom is a senior housing and care marketing and information service that provides resources and personalized assistance in finding senior housing and care. We help families find options based on a loved one’s stated needs and preferences and empower them to make informed decisions. This may include independent living, home care, residential care homes, assisted living, specialized memory care and skilled nursing. Based on the family’s stated needs and preferences, we provide the family with information about contracted communities (“Participating Communities”) and we forward the family’s information to those Participating Communities. Families can review detailed information about local and national Participating Communities, and get personalized, knowledgeable assistance by telephone from a local Senior Living Advisor. The service is offered at no charge to families as the Participating Communities pay a fee to APFM.
PARTICIPATING SENIOR HOUSING AND/OR CARE COMMUNITIES
The Participating Communities are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all residents, including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its residents. Each Participating Community is responsible for the conditions at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a community.
Each Participating Community is responsible for the content of the information posted on its page or on the Sites. The information does not represent our views or any individual associated with us, and we do not control this content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Participating Community on the Sites, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for the Participating Community on the Sites. By using the Sites and/or Services, you assume all associated risks.
NO ENDORSEMENT; NO AFFILIATION; NOT A BROKER
We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Participating Community. We provide only an information service and do not (1) place the consumer in any Participating Community, (2) perform any medical assessment of or for the consumer or the Participating Community, or (3) participate in the consumer’s and Participating Community’s decision regarding final selection or admittance. Further, we are not a representative of or agent for either the consumer or the Participating Community and do not act on either’s behalf. It is the responsibility solely of the Participating Community and the potential resident, and/or the potential resident’s family and care provider(s) and/or other involved parties acting on the potential resident’s behalf to determine if any person is an appropriate admission to the Participating Community. APFM does not broker, sell or lease space directly and is not a party to any transaction 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. APFM expressly disclaims, and you expressly release APFM 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 specialist for all concerns that require medical, legal, financial or other professional advice.
PRIVACY AND CONSENT TO COMMUNICATIONS
RECORDED TELEPHONE COMMUNICATIONS
Telephone communications between You and APFM may be recorded or monitored for quality control purposes. By filling out any forms on the Sites or by providing information to us, you expressly consent to the recording of these telephone communications.
CONSENT TO AUTOMATIC TELEPHONE DIALING SYSTEM
You agree to be contacted by a Senior Living Advisor and by our senior living partners and other partners to explore options at the telephone number you have provided. You agree we, our senior living partners and other partners may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number provided, even if you previously registered on a Do Not Call registry.
USE OF SITES; LIMITED LICENSE
NO UNAUTHORIZED ACCESS OF AND/OR USE OF THE SITES AND/OR SERVICES
The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites and/or Services, and you agree not to do any of the following:
- Using the Sites for commercial purposes.
- Conducting or promoting any illegal activities while using the Sites or Services.
- Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Sites, APFM’s computer and/or telecommunication systems or data.
- Interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites, or disobeying any requirements, procedures, policies or regulations of networks connected to the Sites.
- Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service any of the Sites content.
- Engaging in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Sites or use web “bots” or similar data gathering or extraction methods for such purposes.
- Attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites;
- Attempting to gain access to secured portions of the Sites.
- Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for APFM to protect its computer and/or telecommunications systems.
- Using the Sites and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).
- Using the Sites and/or Services to stalk, harass or harm another individual.
- Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; or
- Uploading, distributing or printing anything that may be harmful to minors.
- Mirroring or framing the Sites, placing pop-up windows over its pages, or otherwise affecting the display of its pages.
- Engaging in any other action in any way that is unlawful or harms APFM.
INTELLECTUAL PROPERTY OWNERSHIP
All trademarks, service marks, and trade names are proprietary to APFM and our licensors. All rights, title, and interests in and to the Sites, including content, materials, trademarks and other intellectual property contained in the Sites, vest solely in APFM and its licensors. The APFM name, and any APFM products and services, slogans or logos referenced herein on the Sites are either trademarks or registered trademarks of APFM in the United States and/or other countries. The names of actual third party companies and products mentioned in the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
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.
HYPERLINKS TO EXTERNAL WEB SITES
The Sites may provide links to external Web sites (“External Web Sites”). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, APFM is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites (including Participating Communities). We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of External Web Sites.
THIRD PARTY PRODUCTS AND SERVICES
We may run advertisements and promotions from third parties (including Participating Communities) on the Sites or may otherwise provide information about or links or referrals to third-party (including Participating Communities) products or services on the Sites (“Third Party Products and Services”).
We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.
Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.
You should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Sites.
PUBLIC AREAS AND SUBMISSIONS
If you use a “Public Area”, such as the Eldercare Forum, message board, or other community area that allows user posts, additional terms and conditions apply to you.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding APFM, the Sites, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral submissions to APFM, or postings on the Sites (“Submissions”), are non-confidential. We are entitled to the unrestricted use, dissemination, distribution, display, reproduction, sublicense, post, and/or publication of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and we will own the exclusive rights, including all intellectual property rights, to the Submissions.
If you are an author of a Submission, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.
Additional terms and conditions may apply to you in your use of the “Public Area”, the Eldercare Forum, message board, or other community area.
THE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. APFM AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, APFM IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY PARTICIPATING COMMUNITY OR OTHER HEALTH CARE AND/OR ANY OTHER SENIOR HOUSING AND CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM APFM OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. APFM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, APFM DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL APFM BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF APFM.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APFM OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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
WAIVER OF RIGHT TO JURY TRIAL
CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION
WAIVERS NOT APPLICABLE IN WASHINGTON STATE
COPYRIGHT INFRINGEMENT NOTICES
If you are a copyright owner and believe your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to A Place For Mom, 701 5th Ave, Suite 3200, Seattle, WA 98104–Attn: General Counsel. Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.