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.
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 You alone are responsible for Your Content, and once published, it cannot always be withdrawn.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.
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.
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.
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.
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.
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 [email protected] or by using the contact information below.