SeniorLiving.Net Terms of Service
1. Introduction and Agreement
2. Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately upon posting and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service shall constitute your acceptance and agreement to be bound by the changes.
3. SeniorLiving.net Services
SLN is a technology platform providing personalized online advertising and research services to those seeking senior housing and related care options (“Senior Care”). We seek to provide families with a comprehensive and cost-effective approach to evaluating Senior Care options. Our services evaluate care needs and match those requirements to appropriate care providers based additional individual factors.By filling out our online contact forms or otherwise providing contact information to SLN, you expressly consent to telephone and email communications from SLN Care Advisors. Your consent remains in effect until you revoke such authorization by contacting SLN and requesting termination of SLN services.
SLN does not broker or negotiate Senior Care directly, and we are not a party to any transactions between Senior Care service providers and families. We do not provide medical advice, nor do we endorse or recommend any specific facility. SLN is neither a representative nor agent of the Website user or the Senior Care service providers. We recommend that families complete their own due diligence, visit facilities, interview medical personnel and monitor care on an ongoing basis.
SLN services are offered to families and individuals free of charge. SLN receives compensation from members of the SLN Care Network that pay a referral fee when a resident moves into a participating facility.
5. Site Content and Intellectual Property Rights
This Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Content”) are owned by the Company, its affiliates, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use this Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise use any of the material on our Website for any other purpose without our prior written consent.
This Website content includes certain trademarks and service marks owned by Senior-Living.com, RealPage, Inc., and others. You agree not to copy or otherwise use these trademarks and service marks in violation of the law. You further agree that you will not alter or remove any trademark, service mark, copyright or other notice from any authorized copies of the Content.
7. Prohibited Uses
You may use this Website only for lawful purposes and in accordance with these Terms of Service. As a condition of your use of this Website, you warrant that will not use SLN services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To upload, post, email, transmit, or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, harmful, or otherwise objectionable.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Site Content restrictions set forth in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
Additionally, you agree not to:
- Use the Website or any device, software, or routine in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website
- Use any robot, spider, crawler, scrapper or other or automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the Content on the Website.
- Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, logic bombs or other material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper operation of the Website.
8. Third-Party Call Services
SLN utilizes the services of a third-party telecommunications provider for telephone call measurement, monitoring, and recording. These services are used solely for the purposes of quality assurance and customer service, with access to the recording limited to those persons that require access as part of the supervisory duties. By using this Website to access Senior Care provider information and contacting SLN Care Advisors via the telephone numbers listed on this Website, you are deemed to have consented and given your permission to have your call content recorded, monitored, stored and accessed for the purposes described above.
9. Links to Third-Party Websites and Advertisements
This website may contain links to third-party websites or advertisements for products and services offered by third parties other than SLN. When you access a third party link, you are leaving our Website. We do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, products or services related to or made available by these third parties.
11. Warranty Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE AND CORRESPONDING SLN SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE OF THIS WEBSITE AND SLN SERVICES IS AT YOUR OWN RISK. SLN AND ITS PARENT, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SLN OR THROUGH OR FROM SLN SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
12. Limitation on Liability
IN NO EVENT WILL SLN, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING DISCLAIMERS, TO THE EXTENT ANY CLAIM MAY ATTAIN ARISING FROM YOUR USE OF THIS WEBSITE, WHETHER ARISING IN CONTRACT, TORT OR STRICT LIABILITY, OUR TOTAL LIABILITY SHALL BE LIMITED TO $100.
You agree to defend, indemnify and hold harmless SLN, its parent, affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) for claims arising out of or relating to your violation of these Terms of Service or your use of this Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from this Website.
Except as explicitly stated otherwise, all legal notices shall be served on United Corporate Services, SLN’s national registered agent. (http://www.unitedcorporate.com/)
SLN may modify, suspend, restrict, or terminate the use of any portion of this Website or its corresponding services at any time, without notice or liability. You agree that the Services are provided in the State of Texas and these Terms of Service are governed by the laws of the State of Texas without regard to its conflict of law provisions. You further agree that any and all claims, causes of action, or disputes shall be filed exclusively in the state courts located within Denton County, Texas or the U.S. District Court for the Northern District of Texas within one (1) year after such claims, disputes, or causes of action arise or the action is barred. You agree to submit to the personal jurisdiction in the federal and state courts listed herein and agree to waive any and all objections to such jurisdiction and venue.
The failure of SLN to exercise any right or enforce any provision of these Terms of Service shall not constitute a waiver of such right or provision. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that reflects the intent of the original provision, and the remaining provisions of these Terms of Service shall continue in full force and effect.