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SeniorCareListTM Terms of Use |
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| ACCEPTANCE OF TERMS. Welcome to the SeniorCareList website, a tool and venue
that connects individuals seeking senior housing, care, or other services for senior living
(“Care Seekers”) and/or individuals or companies providing senior housing, care, or
other services for senior living (“Service Providers”), (referred to hereafter as “the
Service”) subject to the following terms and conditions. By using the Service in anyway,
you hereby agree to accept, comply and be bound by the following Terms of Use. |
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| Please read this agreement carefully. This Agreement contains all of the terms and
conditions between Senior Care List, LLC ("SeniorcareList") and “You”
((Clients/Seniors/Family/Friends) / Service Providers/ Senior Advocates/ Medical
Workers and/or any other user) and governs the use of the Service offered at the
SeniorCareList.com Website (the "Site"). By using this Site, all users do hereby
represent, warrant, understand, agree to and accept all terms and conditions contained
in the Terms of Use (this "Agreement"), whether or not you register as a member of
SeniorCareList.com ("Member"). |
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| MODIFICATIONS. SeniorCareList reserves the right to change, modify or otherwise
alter these Terms and Conditions, or to update or modify the software, from time to time,
at its discretion. The modifications shall become effective immediately upon the posting
thereof. You must review this Agreement on a regular basis to keep yourself informed
of any changes. |
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| CONTENT. SeniorCareList does not take part in the interaction between Clients and
Service Providers except to collect payments from Service Providers for advertising their
services and availability through the Site. You understand and agree that
SeniorCareList does not have control over the quality, timing, legality or any other aspect
whatsoever of the services and products actually delivered by the Service Providers nor
of the integrity, responsibility, or any actions whatsoever of the Clients. SeniorCareList
is not responsible for the conduct, whether online or offline, of any user of the site or
Member of the Service. SeniorCareList makes no representations or warranties about
the suitability, reliability, timeliness and accuracy of the services provided by Service
Providers or Clients through the Site whether in public, private or offline interactions.
SeniorCareList does not pre-screen or approve Content, but SeniorCareList shall have
the right (but not the obligation) in its sole discretion to refuse, delete, or move any
Content that is available through the Service, for violating the letter or spirit of this
Agreement or for any other reason. |
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| You understand that all opinions (including Testimonials), advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by SeniorCareList, are those of their respective authors. These authors are solely responsible for such content. You also understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. |
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LINKS TO EXTERNAL SITES. The Site may contain links to other websites which are
not under our control. SeniorCareList is not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or updates to such sites. The
inclusion of any link does not imply endorsement, sponsorship or recommendation by
SeniorCareList. It is up to you to take precautions to ensure that whatever you select for
your use is free of viruses, worms, Trojan Horses, and other items of such destructive
nature. You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transactions with any of these third parties.
You also understand that the information and options in the third party content represent
solely the thoughts of the author and is neither endorsed by nor does it necessarily
reflect our belief and principles. You further acknowledge that SeniorCareList will not be
held responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of reliance on any such content available on or
through any such site resource. |
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| PRIVACY POLICY. SeniorCareList will only use the information you provide on the Site
in accordance with our Privacy Policy. Our Privacy Policy, as it may change from time
to time, is a part of this agreement. |
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| MEMBERSHIP REGISTRATION AGREEMENT. Our Membership Registration
Agreement for Service Providers, as it may change from time to time, is a part of this
agreement. |
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EXCLUSIVE USE. SeniorCareList grants you a non-exclusive, non-transferable,
revocable license to (a) access and use the Site in accordance with this Agreement (b)
to use the Site to help you get detailed information about the registered Service
Providers of the Site and (c) to print out detailed provider information from the Site, all
solely for personal, internal and non-commercial use and provided that you maintain all
copyright and other policies contained in this agreement. You may not authorize others
to use your account and you may not transfer it to any other person or entity. |
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USER INFORMATION. Users are responsible for providing accurate, current and
complete information with registration for use of the Site. SeniorCareList is not
responsible for any claims relating to any inaccurate, untimely or incomplete information
provided by users of the Site. |
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By using the Service for yourself or a third party Client as their agent or advocate, you
represent and warrant that you have the right, authority and capacity to use the Service
for yourself or the Client; enter into this Agreement; and to abide by all the terms and
conditions of the Agreement. You also confirm and verify that you are duly authorized
to release your, or the Client’s name, personal health information and contact
information. |
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| TERMINATION OF SERVICE. SeniorCareList reserves the right (but is not obligated)
to delete or deactivate your account, block your email or IP address, or otherwise
terminate your access to or use of our Service (or any part thereof), immediately and
without notice, and remove or discard any Content within the Service, for any reason,
including, without limitation, if SeniorCareList believes that you have acted inconsistently
with the letter or spirit of this Agreement. Further, you agree that SeniorCareList shall
not be liable to you or any third party for any termination of your access to the Service
and you agree not to attempt to use the Service after said termination. |
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| INDEMNIFICATION. You agree at your expense, to indemnify, defend and hold
SeniorCareList and our partners, providers, agents, officers, directors, employees,
subcontractors, successors, attorneys, and affiliates harmless from any and all claims,
losses, liabilities or damages (including attorney’s fees and costs) resulting from any and
all claims, causes of action, suits, proceedings, or demands arising from or related to
decisions or recommendations you make using the information available on this Site. |
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| DISCLAIMER. While SeniorCareList attempts to make sure all information on the Site is
accurate and secured from reliable sources, SeniorCareList makes no representations
or warranties, expressed or implied, as to the accuracy of the information. You
understand and agree that SeniorCareList is not engaged in rendering medical,
healthcare, financial, legal or professional services and is not making any referrals,
recommendations or endorsements of the services and facilities that are listed on the
Site. Content found through this Site is for information only and for convenience to the
public, and does not constitute endorsement or recommendation by SeniorCareList. If
you have specific concerns or a situation arises where you require professional or
medical advice, you should consult an appropriately trained and qualified specialist. |
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You also understand that Information presented in the Site is not a recommendation for
a particular course of action regarding diseases, appropriate senior housing, diagnosis,
or treatment plan, and is not intended to provide medical, healthcare or housing advice.
You also understand that the information you will receive on the Site is not intended to
be and should not be viewed as a substitute for consultation with a doctor or other
healthcare provider. All medical information should be reviewed by your healthcare
provider before making any decision or taking any action. It remains your sole
responsibility to evaluate the accuracy, completeness, and usefulness of all information
you provide, for yourself or your client, in the use of this site. |
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YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE INFORMATION, CONTENT, SERVICES AND DOCUMENTS FROM
OR THROUGH THE SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE,” WITH “ALL
FAULTS” AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. YOU ACKNOWLEDGE, FOR YOURSELF
AND YOUR CLIENT (IF APPLICABLE) AND AGREE THAT SENIORCARELIST IS NOT
RESPONSIBLE IN ANY WAY FOR THE PERFORMANCE OF the Site, INCLUDING
THE ABILITY OF THE SITE TO LOCATE AN APPROPRIATE SERVICE PROVIDER
OR PERFORM IN ACCORDANCE WITH THE ADVERTISEMENTS. NO ADVICE OR
INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT Some jurisdictions do not allow the exclusion of certain warranties, so some of
the foregoing disclaimers may not apply to you. |
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| LIMITATION OF LIABILITY. SeniorCareList shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors or omissions from
the Site or any services or products obtainable there from, (b) the performance,
unavailability or interruption of the site or any features thereof, (c) Your use of the Site
(d) contents of the Site, or (e) any delay or failure in performance beyond our control. |
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| SENIORCARELIST HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE FROM OUR SITE. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitation
or exclusion of liability for incidental or consequential damages, so some of the foregoing
limitations may not apply to you. |
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| OWNERSHIP, COPYRIGHT AND TRADEMARK. The Content of this Site is protected
by all applicable international, federal, state and local laws, including but not limited to
copyright and trademark laws. Any unauthorized use of the Content is expressly
prohibited. All rights in the Content compilation are expressly reserved to
SeniorCareList. |
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| JURISDICTION AND CHOICE OF LAW. By using the Site, you expressly agree that
any dispute arising out of the Site or the Service shall be governed by the laws of the
State of California without regard to its conflict of law provisions. You and
SeniorCareList agree to submit to the exclusive jurisdiction of the courts located within
the county of Alameda, California. |
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| ENFORCEMENT. This Agreement constitutes the entire agreement, governs your use
of the Service, replaces and supersedes all prior agreements between you and
SeniorCareList. If any provision of this Agreement is found to be unenforceable by the
court, the parties shall nevertheless agree that court should endeavor to give
consideration to the parties’ intentions as reflected in the provision, and that other
provisions of this Agreement shall remain in full force and effect to the maximum extent
allowed by law. |
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| FORCE MAJEURE. In the event of non-performance, partial performance or delay
resulting wholly or partly from any Force Majeure, or occurrence of circumstances
beyond our control, including, but not limited to, the acts or omissions of third parties,
labor disputes, weather conditions, technical breakdown or accident, natural disaster or
the act of any authority, SeniorCareList shall take reasonable steps to keep the website
up and running, but otherwise, shall have no liability to the customer.
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