Agreement to Be Contacted By Phone

SENIORDIRECTORY.COM

TERMS OF USE

 

1. Introduction.  SeniorDirectory.com, LLC, a Colorado limited liability company (“Senior Directory”, “we,” or “us”) offers www.seniordirectory.com (the “Website”) to connect interested seniors and their families with senior care facilities and related services.

 

2. Acceptance of Terms of Use.

 

            These Terms of Use are entered into by and between you and Senior Directory. The following terms and conditions, together with any documents they incorporate by reference (collectively, these “Terms of Use”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or registered user.

 

            Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

 

3. Changes to the Terms of Use.

 

            We may revise and update these Terms of Use from time to time in our sole discretion, with or without notice to you. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

4. Accessing the Website and Account Security.

 

            We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for:

 

 

 

            To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

            If you choose a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or internet connection so that others are not able to view or record your password or other personal information.

 

            We have the right to disable any user name, password, or other identifier chosen by you at any time in our sole discretion, if, in our opinion, you have violated these Terms of Use.

 

5. Intellectual Property Rights - General. 

 

            The Website and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, and video) are the property of Senior Directory, its 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. This Section 5 does not apply to User Contributions, as defined in and discussed in Section 8, below.

 

            These Terms of Use permit use of the Website for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

 

 

 

 

 

 

You must not:

 

 

 

 

            You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@seniordirectory.com.

 

            If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Senior Directory. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

6. Trademarks.  Senior Directory’s name, the terms “Senior Directory”, “Senior Directory, LLC”, “Senior Resource Guide, LLC”, and “seniordirectory.com,” and all related names, logos, product and service names, designs, taglines and slogans are trademarks of Senior Directory or its licensors. You must not use such marks without the prior written permission of Senior Directory. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

7. Prohibited Uses.  You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree NOT to use the Website:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. User Contributions. 

 

            The Website may contain message boards, personal pages, bulletin boards, and other interactive features (collective, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to others (hereinafter, “post”) content or materials about, among other things, events and support groups (collectively, “User Contributions”) on or through the Website.

 

            All User Contributions must comply with the Content Standards set out below in these Terms of Use.

 

            Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any lawful purpose.

 

            You represent and warrant that:

 

 

 

            You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Senior Directory, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

            We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

9. Monitoring and Enforcement; Termination.

 

            We have the right to:

 

 

 

 

 

 

            Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SENIOR DIRECTORY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

            We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

10. Content Standards.

           

            These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

 

 

 

 

 

 

 

 

 

 

11. Copyright Infringement.  If you believe that any User Contribution violates your copyright, please email us a notice of copyright infringement at info@seniordirectory.com]. We will terminate the user accounts of repeat infringers.

 

12. Reliance on Information Posted.  The information presented on or through the Website are intended to further Senior Directory’s legitimate business interests. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

            This Website includes content provided by third parties, including materials provided by other users, senior care facilities, senior care service providers, and other businesses and organizations to which Senior Directory may refer you and other users. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Senior Directory are solely the opinion and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

13. Offline Activities.  One aspect of Senior Directory’s business is to facilitate connections between potential consumers of senior care services and service and facility providers. The Website serves as an online forum through which Senior Directory facilities these connections. You agree to visit, tour, investigate, interview, meet with facility staff, and act in any other way offline as a result of your use of the Website at your own risk. We are not responsible, or liable to you or any third party, for any conduct, injury, or damage that occurs offline.

 

14. Changes to the Website.  We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

15. Information About You and Your Visits to the Website.  All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

16. Links from the Website.  If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Senior Directory, through the Website, may link to third-party facilities and care providers. Although the Website provides links to facilities and other service providers that reasonably comply with Senior Directory’s standards, Senior Directory is not responsible for the content or quality of the linked sites, services, or products.. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

17. International Laws Apply.  The owner of the Website is based in the state of Colorado in the United States of America. We provide this Website for use by persons anywhere in the world; however, we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.

 

18. Disclaimer of Warranties.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

            TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

            YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SENIOR DIRECTORY NOR ANY PERSON ASSOCIATED WITH SENIOR DIRECTORY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

           

            WITHOUT LIMITING THE FOREGOING, NEITHER SENIOR DIRECTORY NOR ANYONE ASSOCIATED WITH SENIOR DIRECTORY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, SAFE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

 

            TO THE FULLEST EXTENT PROVIDED BY LAW, SENIOR DIRECTORY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

            THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

19. Limitation on Liability. 

 

            TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SENIOR DIRECTORY AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, AND MANAGERS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $5,000.

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            The foregoing does not affect any liability that cannot be excluded or limited under applicable law. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

 

20. Indemnification.  You agree to defend, indemnify, and hold harmless Senior Directory, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, volunteers, 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) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

21. Governing Law and Jurisdiction.  All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in Denver, Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

22. Arbitration.  At Senior Directory’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

 

23. Waiver and Severability.  No waiver by Senior Directory of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Senior Directory to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

            If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

24. Entire Agreement.  The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Senior Directory regarding the Website and supersede all prior and contemporaneous understanding, agreements, representations, and warranties, both written and oral, regarding the Website.

 

25. Agreement to be Contacted by Phone.  By filling out this form you agree to be contacted by phone by Senior Directory or one of our affiliates in assisting to finding care and services.

 

26. Your Comments and Concerns. 

 

            This Website is operated by SeniorDirectory.com, LLC, PO Box 6027, Denver, Colorado, 80206.

 

            All feedback, comments, request for technical support, and other communications relating to the Website should be directed to: info@seniordirectory.com