Effective and Last Modified on October 10, 2021
Introduction and Acceptance
1. User Registration
To access or use some features of our Services, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you agree to provide true, accurate and complete registration information to us, and, if such information changes, you agree to promptly update the relevant registration information. During registration, you will create a user name and password (a “User Account”). You are responsible for safeguarding and maintaining the confidentiality of your User Account information. You are solely responsible for the activity that occurs under your User Account, whether or not you have authorized the activity. You agree to notify us at firstname.lastname@example.org immediately if you become aware of any breach of security or unauthorized use of your User Account.
2. Access and Use
Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure.
When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.
You acknowledge that the Services are not meant for use in communicating or transmitting any “protected health information” (PHI) as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its accompanying regulations, as amended from time to time. Unless it is your own PHI data, you agree to refrain from transmitting or communicating any PHI through the Services.
3. User Content
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant to us, you retain all right, title and interest in your User Content.
You represent, warrant, and covenant that you will not submit any User Content that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law;
- is an advertisement for goods or services or a solicitation of funds;
- contains a formula, instruction, or advice that could cause harm or injury; or
- is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
4. Intellectual Property
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
6. Services Content & Third-Party Links
We provide our Services including, without limitation, Services Content for educational, entertainment and/or promotional purposes only. Certain of the Services Content will be provided by your senior living facility, by your family or possibly a third party. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Services Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Services Content.
In many instances, Services Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing and/or using the Services or between persons accessing and/or the Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Senior Group LLC, its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control in any respect or endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, SENIOR GROUP LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICES CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICES CONTENT WILL BE CORRECTED.
9. Limitation of Liability
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
11. Copyright Policy
We respect the intellectual property rights of others and expect our users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the User Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Services that may be infringing or the subject of infringing activity.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: SeniorGroup LLC ATTN: DMCA Agent 1300 W. Main Street Louisville, KY 40203 Email: email@example.com
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and if available, your email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. If you fail to comply with the DMCA requirements, your notification may not be effective.
12. Choice of Law; Jurisdiction and Venue
The parties agree and covenant that, should you bring either an arbitration proceeding or litigation in any Court against Senior Group LLC, or should Senior Group LLC bring either an arbitration proceeding or Court action against you for violations of these terms and conditions, or of any subsequent term or condition of use of the web site and other facilities operated by Senior Group LLC, or for damages suffered by Senior Group LLC caused by you, you shall pay all costs associated with that arbitration or Court action, including paying Senior Group LLC’s reasonable attorneys’ fees for either bringing or defending such action or arbitration.
13. Dispute Resolution & Mandatory Arbitration
If and when a dispute between us arises, we each agree to first contact each other and provide a written description of the problem, all relevant documents/information and a proposed resolution. You agree to contact us with disputes at: firstname.lastname@example.org. We will contact you based on the contact information you have provided us or that we obtain by other means.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. You understand that by using the Services you agree to have any disputes resolved through arbitration and to forgo the right or opportunity to litigate disputes through a court and to have a judge or jury decide the case.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
Exception to Arbitrate: Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Senior Care LLC and not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate, including all of this Section 13, shall be null and void and of no effect.
14. No Class Actions
TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
15. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. Amendment; Additional Terms
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Senior Group, LLC, 1300 W. Main St., Louisville, KY 40203
via email at: email@example.com
or via our toll-free number: (877) 783-6137