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Terms of Use

Effective February 2017

Welcome to the SeniorAdvisor.com Web site (the “Site”). This Site, as well as all other Web sites and/or mobile applications (collectively, the “Sites”) is provided solely to assist consumers in gathering senior living, care, and product information and posting content about senior living communities, care providers, and products. The terms “we”, “us”, “our” and “SeniorAdvisor.com” refer to SeniorAdvisor.com, a division of A Place for Mom, Inc. a Delaware corporation. The term “you” refers to the user visiting the Site and/or contributing content on this Site.

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. YOUR USE OF THIS SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE SITE. PLEASE NOTE THAT THESE TERMS OF USE CONTAIN CLASS ACTION WAIVER, WAIVER OF RIGHT TO JURY TRIAL, AND A MANDATORY AND BINDING ARBITRATION CLAUSE. THESE AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH SENIORADVISOR.COM. PLEASE READ IT.

Modification of Terms of Use. We reserve the right to change or modify any of the Terms of Use at any time. If we decide to change our Terms of Use, we will post a new version on the Sites and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, regardless of whether we provide you with any specific notice of such changes or modifications. 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. Your use of the Sites 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. If you do not agree to the amended terms, you must immediately stop using the Sites.

Additional Terms. The Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with SeniorAdvisor.com 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 ("Additional Terms"), in addition to these Terms of Use. These Terms of Use, together with the Additional Terms, form a legally binding agreement between you and SeniorAdvisor.com in relation to your use of the Sites. It is important that you take the time to read them carefully. To use the Sites, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites by the laws of the jurisdiction from which you access the Sites. Participating Communities. While we provide a complete directory of senior housing options in all 50 states, including consumer reviews for all Communities, our Senior Advisors exclusively work with select Communities that have signed an agreement with us (“participating communities”). When you choose to work with one of our Senior Advisors, you will be provided information for the participating communities that best suits your unique needs.

No Endorsement of Communities. We exercise no independent judgment as to the quality of, nor do we recommend, or endorse, any senior living community and/or care provider (“Communities”). We do not (1) place the consumer in any Community, (2) perform any medical assessment of or for the consumer or the Community, or (3) participate in the consumer's and Community's decision regarding final selection or admittance. Further, we are not a representative of or agent for either the consumer or the Community and do not act on either's behalf. It is the responsibility solely of the 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 Community.

Content. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit, transmit through, or post in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit, transmit through, or post in connection with the Site. "SeniorAdvisor.com Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than SeniorAdvisor.com or its users, which is made available in connection with the Site.

Responsibility for Your Content. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SeniorAdvisor.com.

You warrant that you will not post Your Content 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; or (d) violate any law, statute, ordinance or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.

Guidelines for Your Content include the following: • Inappropriate content: Threats, harassment, profanity, obscenity, hate speech, and other displays of bigotry are not allowed in Your Content. • Conflicts of interest: Your Content should be unbiased and objective. For example, you should not write reviews of your own business or employer, or your friends' or relatives' business, unless you disclose your relationship. • Promotional content: Do not post promotional content in Your Content. For example, this includes sharing referral codes or links; soliciting other Users for research purposes; or generating traffic for other web sites. • Relevance: Your Content should be relevant and appropriate. For example, Your Content should not include comments about political ideologies, or other matters that don't address the consumer experience. • Privacy: Your Content should not contain other people's private information (for example, real names, addresses, phone numbers, e-mail addresses, or any other personally identifying information). • Intellectual property: Your Content should not contain other people's intellectual property. Additional guidelines apply when You are posting Content as either a Community or as a reviewer.

Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own Web sites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, transferable and fully sub-licenseable rights to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform Your Content throughout the world in any media, now known or hereafter devised. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against SeniorAdvisor.com and its users any claims and assertions of moral rights or attribution with respect to Your Content. You acknowledge that SeniorAdvisor.com may choose to provide attribution of your comments or reviews at our discretion. You further grant SeniorAdvisor.com the right to pursue at law any person or entity that violates your or SeniorAdvisor.com’s rights in Your Content by a breach of this Agreement. You acknowledge and agree that Your Content is non-confidential and non-proprietary Ownership of SeniorAdvisor.com Content. As between you and SeniorAdvisor.com, SeniorAdvisor.com owns the SeniorAdvisor.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the SeniorAdvisor.com Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SeniorAdvisor.com Content in whole or in part. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the SeniorAdvisor.com Content are retained by us.

No Endorsement of User Content. User Content does not necessarily reflect the opinion of SeniorAdvisor.com. Although SeniorAdvisor.com has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Site, we reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide copies of User Content, nor do we guarantee any confidentiality with respect to User Content.

Recorded Telephone Communications. Telephone communications between You and SeniorAdvisor.com 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 Us, one of our third party providers, one of the senior living communities or care providers, or one of our affiliates to explore options at the telephone number you have provided. You agree we, our third party providers, the senior living communities or care providers, or our affiliates 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. You are granted a limited, non-sub-licensable license to access and use the Sites and all content, data, information and materials included in the Sites (the "Site Materials") solely for your personal use, subject to the terms and conditions set forth in the Terms of Use. You will not use the Sites or any of the Site Materials other than for their intended purpose or in any way that is unlawful or harms SeniorAdvisor.com. Any use of the Sites or the Site Materials other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, will automatically and immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by SeniorAdvisor.com at any time.

No Unauthorized Access of and/or Use of the Sites. The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites, 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. • 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, SeniorAdvisor.com'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. • Accessing, monitoring or copying any Content of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose. • 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 modify, translate, adapt, edit, decompile, disassemble, or 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, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means. • 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 SeniorAdvisor.com to protect its computer and/or telecommunications systems. • Using the Sites 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 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. • Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on SeniorAdvisor.com's technology infrastructure or otherwise make excessive traffic demands of the Site. • Violating any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. • Soliciting personal information from minors, or submitting or transmitting pornography. • Violating any applicable law. • Engaging in any other action in any way that is unlawful or harms SeniorAdvisor.com.

No Professional Advice. All Content on the Sites is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. SeniorAdvisor.com expressly disclaims, and you expressly release SeniorAdvisor.com 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. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice. Third Party Advertising. SeniorAdvisor.com may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

User Account. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with SeniorAdvisor.com. By creating an account, you agree to receive certain communications in connection with the Site. Please read our Privacy Policy for more information.

Privacy and Consent to Communications. Your privacy is important to us, and we provide a Privacy Policy that sets out how we collect and use your personal information collected from the Sites. Please review our Privacy Policy to which you should refer to fully understand how we collect and use personal information; your use of the Sites will constitute your acceptance of the terms and conditions of the Privacy Policy. By providing Content on the Sites, you expressly consent to being contacted by us whether by phone, mobile phone, email, mail or otherwise.

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, SeniorAdvisor.com 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. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of External Web Sites.

When you leave the Site, you should be aware that our Terms of Use and our Privacy Policy do not apply to your use of External Web Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Web Sites to which you navigate from the Site. Your use of and dealings with the owners or operators of these External Web Sites are at your own risk, and you agree not to make any claim against SeniorAdvisor.com arising out of your use of these External Web Sites.

Third Party Products and Services. We may run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links or referrals to third-party 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.

Disclaimer 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. SENIORADVISOR.COM 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. IN ADDITION, SENIORADVISOR.COM 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 COMMUNITY OR OTHER HEALTH CARE AND/OR ANY OTHER SENIOR LIVING COMMUNITY AND CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM SENIORADVISOR.COM OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. SENIORADVISOR.COM 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, SENIORADVISOR.COM 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 SENIORADVISOR.COM 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 SENIORADVISOR.COM. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENIORADVISOR.COM 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, OUR ACTS OR OMMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES, 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.

Indemnification. You agree to indemnify and hold SeniorAdvisor.com and the Associated Parties harmless from any claim or demand, including attorneys' fees, arising out of your use of the Sites 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 therefore, your access to and use of) at any time without notice. Governing Law and Forum Selection. The Terms of Use are construed under the laws of the State of Washington, without reference to its conflict of laws provisions. You agree that any action at law or in equity arising out of or relating to the Sites can be filed only and exclusively in a state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Sites. You hereby knowingly, voluntarily, intelligently, and irrevocably waive any available affirmative defenses under federal law or any states' laws to venue and jurisdiction in Seattle, Washington, including without limitation improper venue, forum non conveniens, lack of in personam jurisdiction, and all related defenses. You further agree that this forum-selection clause shall apply to any and all claims under federal law or any states' laws and that arise from or relate in any way to the Sites, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class.

Class Action Waiver. For disputes arising between SeniorAdvisor.com and you, or any other user, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then this Section shall cease to have effect, however, the remaining portions of the Terms of Use will remain in full force and effect. Waiver of Right to Jury Trial. YOU HEREBY KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND IRREVOCABLY WAIVE YOUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR IN ANY MANNER RELATING TO THE TERMS OF USE AND/OR SENIORADVISOR.COM'S PERFORMANCE OR FAILURE TO PERFORM HEREUNDER. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims arising under federal law or any states' laws and that arise from or relate in any way to the subject matter of the Terms of Use and/or our performance, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class. You expressly acknowledge that this provision is an essential aspect of the bargain embodied by the Terms of Use. If a court decides that this “Waiver of Right to Jury Trial” subsection is not enforceable or is invalid, then this Section shall cease to have effect, however, the remaining portions of the Terms of Use will remain in full force and effect.

Claims Subject to Mandatory and Binding Arbitration. Subject to and without limiting the Governing Law and Forum Selection section, you expressly agree that any claim or cause of action that arises from, relates to, or has connection with the Sites and/or Services shall be adjudicated exclusively and finally by arbitration in Seattle, Washington, administered by the American Health Lawyers Association Alternative Dispute Resolution Service under its Rules of Procedure for Arbitration (available at http://www.healthlawyers.org). The arbitration award shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except as required by applicable law, you knowingly, voluntarily, intelligently, and irrevocably waive any right to appeal from the arbitration award, including but not limited to any appeal from any judgment entered on the arbitration award or any order based thereupon. YOU EXPRESSLY AGREE THAT ANY CLAIM OR CAUSE OF ACTION THAT IS SUBJECT TO ARBITRATION UNDER THE TERMS OF USE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER EXPRESSLY AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If a court decides that this “Mandatory and Binding Arbitration” subsection is not enforceable or is invalid, then this Section shall cease to have effect, however, the remaining portions of the Terms of Use will remain in full force and effect.

Waivers Not Applicable in Washington State. To the extent such provisions are not allowed or we otherwise state in writing to you that such provisions of the Terms of Use are not intended by us to apply to you, waivers of liability and rights by certain individuals do not apply under Washington State law and therefore the waivers of liability and rights set out in the Terms of Use may not apply to you if you are a Washington State resident or to the extent you are seeking Services 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, Inc. 701 Fifth Avenue, Suite 3200, Seattle, WA 98104 - Attn: SeniorAdvisor.com 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.

Copyright Infringement/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 regarding 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 us your notice by email to dmca@pattishall.com or by using the contact information below.

General Terms. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in effect. You may not assign the Terms of Use, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Terms of Use constitute the entire agreement between you and SeniorAdvisor.com with respect to the Sites. The parties have required that the Terms of Use and all documents relating thereto be drawn up in English. If there is any contradiction between what the English language version of the Terms of Use says and what a translation says, then the English language version shall take precedence.