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TERMS OF USE
Last Updated: January 1, 2020
Senior Hospitality Incorporated (SHI) and our affiliates (Senior Hospitality International and Retirement Resorts), referred to throughout this agreement as “we”, “us” and “our”, welcome, and thank you for visiting our Sites. These Terms apply to the use of the Sites (as defined below), including by both Consumers and Professionals. “Professional(s)” means individuals, companies and other organizations or persons acting as, or on behalf of the communities listed or otherwise engaged in a business relevant to the Sites. Except as otherwise indicated, Professionals, consumers and other persons using the Sites are individually and collectively referred to as “you”. “Consumer” shall have its ordinary meaning but generally includes any visitor to or user of the Sites other than Professionals.
Our websites exist to provide you with information, resources, tools, products and services specific to the senior hospitality and retirement industries and related markets. Our family of websites currently include:
https://www.SeniorHospitality.com
https://www.RetirementResorts.com
1. ACCEPTANCE OF TERMS
By accessing or using any part of our Sites or the Services provided on them, you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by us from time-to-time without notice to you. These Terms of Use constitute a binding contract between us and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at:
https://www.SeniorHospitality.com/TermsOfUse
If you do not wish to be bound by these Terms of Use, please do not access or use any part of our Sites.
2. SERVICES
Senior Hospitality International recognizes retirement communities that provide “Retirement Living at its Healthiest®.” We review their ability to provide a wide variety of healthy lifestyle options and quality healthcare services and certify them as “Retirement Resorts.” Eligible communities include Active Adult (55+), Continuing Care, Life Care and Life Plan communities. Application and approval of the “Retirement Resort” certification is a free service.
Retirement Resorts provides a directory of communities that are certified by Senior Hospitality International. Featured listings on this Site are a paid service by the communities themselves. More specifically, the Site provides information to help seniors find the Retirement Resort that is right for them.
We believe that “Serving Seniors Never Grows Old™” and our goal is therefore to provide clarity in an industry that is saturated with confusing labels, definitions and categories. More importantly, we educate seniors about the unhealthy aspects of retiring at home and guide them to communities that can offer them “Retirement Living at its Healthiest®.”
3. NO FINANCIAL ADVICE & RISK
We do not provide financial, tax, legal or investment advice. SHI does not guarantee the safety or legality of the information provided or the products or services offered. You should exercise as much caution as you would typically exercise with any purchase of products or services. The Content or our Services are not intended as an all-inclusive list of risks or a substitute for independent legal or financial advice. Always seek advice from qualified professionals or advisors and read and understand all enrollment materials carefully.
The information contained on our Sites and/or any advice or comments made by any agent or employee of SHI are intended only to educate and assist clients, applicants, visitors, and the like. This information is provided for informational purposes only and is not meant to be a substitute for professional counseling and advice from certified legal or financial professionals.
4. LINKS TO THIRD PARTIES
As one of our goals is to guide Seniors to their ideal retirement community, there are links on our Sites that will take you to other third-party websites. The linked sites are not under the control of SHI and we are 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. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SHI of the site in question.
5. CONTENT & COPYRIGHT.
We provide content including, but not limited to, text, software, photographs, graphics, data, and other material (“Content”) that are protected by copyright and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by SHI and content owned or controlled by third parties and licensed to us.
We authorize you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of SHI. As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Use of our Content for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
6. CONTENT YOU PROVIDE & USER SUBMISSIONS
To the extent that you post, upload, input, submit or otherwise transmit Content on or through our Sites or Us, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via our Sites. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content.
You promise not to Transmit any Content that is not related to appropriate subject matters, which is misleading to others, including consumers, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
You also promise not to Transmit materials that contain software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
By providing us with Content, you grant us with the irrevocable, perpetual license to use, copy, perform, display and distribute the Content through our Sites and other communications avenue such as but not limited to emails, brochures or other marketing content.
7. GENERAL TERMS
While we make every effort to ensure the most accurate Content is made available at all times, your use of our Sites and Services are entirely at your own risk and the Services are provided on an ‘as is’ basis. We do not fully evaluate and confirm the accuracy of all Content displayed on our Sites or used in our Services and we make no implied or expressed warranty or representation, nor do we make any guarantees. We are not held liable for any direct, indirect or consequential damage arising in connection with any of the services, programs or content provided through our Sites or Services.
7.1 DISCLAIMER OF WARRANTIES
SHI PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHI AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SHI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY SHI ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND SHI MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURSIDICTION TO JURISDICTION.
7.2 INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SHI, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR ACCESS TO OR USE OF THE SERVICES; (B) YOUR BREACH OF THESE TERMS OF USE; (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (D) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD PARTY; (E) ANY USER MATERIALS YOU UPLOAD TO, OR OTHERWISE MAKE AVAILABLE THROUGH, THE SERVICES; (F) YOUR WILLFUL MISCONDUCT; AND (G) ANY OTHER PARTY’S ACCESS TO AND/OR USE OF THE SERVICES USING YOUR ACCOUNT AND PASSWORD. SHI RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN THAT CASE, YOU AGREE TO COOPERATE WITH SHI’S DEFENSE OF THAT CLAIM.
7.3 LIMITATION OF LIABILITY
IN NO EVENT SHALL SHI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO ACCESS OR USE OUR SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH SHI, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF SHI, AND ALL OTHER USE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHI SERVICES.
7.4 AGREEMENT TO ARBITRATE
YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT MAY ARISE BETWEEN YOU AND SHI SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. YOU AGREE THAT YOU AND SHI MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SHI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. FURTHER, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES AND PROCEDURES, AS MODIFIED BY THIS PARAGRAPH. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG. A FORM FOR INITIATING ARBITRATION PROCEEDINGS IS AVAILABLE ON THE AAA’S WEB SITE AT HTTP://WWW.ADR.ORG. THE ARBITRATION SHALL BE HELD IN THE COUNTY IN WHICH YOU RESIDE OR AT ANOTHER MUTUALLY AGREED LOCATION. IF THE VALUE OF THE RELIEF SOUGHT IS $10,000 OR LESS, YOU OR SHI MAY ELECT TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE OR BASED SOLELY ON WRITTEN SUBMISSIONS, WHICH ELECTION SHALL BE BINDING ON YOU AND MOVE SUBJECT TO THE ARBITRATOR’S DISCRETION TO REQUIRE AN IN-PERSON HEARING, IF THE CIRCUMSTANCES WARRANT. ATTENDANCE AT AN IN-PERSON HEARING MAY BE MADE BY TELEPHONE BY YOU AND/OR SHI, UNLESS THE ARBITRATOR REQUIRES OTHERWISE. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES, UNLESS OTHERWISE STATED IN THIS PARAGRAPH. IF A COURT DECIDES THAT ANY PART OF THIS PARAGRAPH IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS PARAGRAPH SHALL STILL APPLY. ACCESS OR USE OF SHI IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
8. PRIVACY
SHI cares for you and we therefore take the matter of your privacy and information seriously. We encourage you to read our Privacy Policy to understand the information we collect and how we use and disclose it. Our Privacy Policy can be found at:
SeniorHospitality.com/PrivacyPolicy
9. CONTACTING US.
Should you have any questions about these Terms of Use you can email or write to us at:
Senior Hospitality International
Att: Legal Dept.
3116 Weddington Road, Suite 900-901
Matthews, NC, 28105
USA