SENIORLY TERMS OF USE
UPDATED OCTOBER 31, 2025
Please read these Terms of Use carefully. They require arbitration and waiver of a jury trial and class action suits.
Hello and thank you for your interest in Seniorly, Inc. (“Seniorly,” “we,” or “us”). By registering a new account or otherwise using or accessing any portion of the Seniorly website currently located at Seniorly.com (the “Website”), including any content, functionality, and services offered on or through the Website (collectively, the “Seniorly Services”), you agree to the following terms of use, as updated from time to time (“Terms of Use” or “Terms”), as well as Seniorly's Privacy Policy. Please read these Terms of Use carefully. If you do not agree to the Terms, do not use the Website or Seniorly Services.
Notwithstanding anything to the contrary in the Terms of Use, the Terms of Use do not modify any other agreement you may have with Seniorly for services or products. Your access to and use of the Website and Seniorly Services may be subject to legal notices or additional terms and conditions in addition to the Terms of Use (“Additional Terms”). Additional Terms will be provided to you if applicable. The Terms of Use, together with any applicable Additional Terms, form a legally binding agreement between you and Seniorly in relation to your use of the Website and Seniorly Services. In the event of a conflict between the Terms of Use and any applicable Additional Terms, the applicable Additional Terms will control.
By agreeing to the Terms of Use, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have not previously been suspended or removed from the Website or prohibited from using any Seniorly Services; and (c) your registration and your use of the Website and Seniorly Services comply with all applicable laws and regulations. If you do not meet all of these requirements, you must not access or use the Website or any Seniorly Services offered on or through, or arising from, the Website.
Table of Contents
LIMITATIONS ON SENIORLY SERVICES
PRIVACY AND CONSENT TO COMMUNICATIONS
USE OF SITE; LIMITED LICENSE FOR USE OF SITE
TERMINATION OF USE OF WEBSITE AND SENIORLY SERVICES
INTELLECTUAL PROPERTY OWNERSHIP
THIRD-PARTY AND LINKED SERVICES
WHAT WE DO
Seniorly is a senior living information portal that lists senior living and care services, as well as educational and informational resources for aging care. Seniorly works with independent living, residential care homes, assisted living, memory care, skilled nursing, independent living communities, and similar facilities (“Participating Communities”). Seniorly also works with local placement agents and geriatric care managers to assist families in person or over the phone (“Partner Agents”). Based on a family's stated needs and preferences, we provide such family with information about contracted Participating Communities and we forward such family’s information to those Participating Communities or Partner Agents, as applicable. Families can review detailed information about local and national Participating Communities, and get personalized, knowledgeable assistance by telephone or in-person from a local Partner Agent. Unless otherwise specified, Seniorly collects compensation from Participating Communities or Partner Agents. In connection with Seniorly Services, Seniorly also operates a proprietary software platform for use by approved Participating Communities and Partner Agents.
Participating Communities
Participating Communities are solely responsible for evaluating, accepting or declining, and caring for all residents, including ensuring that they are appropriately staffed, hold applicable licensure, and that staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by residents, whether referred from Seniorly or a Partner Agent. Each Participating Community is responsible for the conditions at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a community.
We do not ensure the accuracy of the information posted by or for a Participating Community on the Website, and do not take any responsibility or assume any liability for actions you may take as a result of reading the information posted by or for a Participating Community on the Site. By using the Website and/or Seniorly Services, you assume all associated risks.
LIMITATIONS ON SENIORLY SERVICES
No endorsement; no affiliation; not a broker
Seniorly is an information service. We may rank the presentation of senior living communities by certain metrics on the Website, but we exercise no independent judgment as to the quality of, nor do we recommend, control, or endorse, any Participating Community. We do not: (a) place the consumer in any Participating Community; (b) perform any medical assessment of or for the consumer or the Participating Community; or (c) participate in the consumer's and Participating Community’s decision regarding final selection or admittance. Further, we are not a representative of, broker for, or agent for either the consumer or the Participating Community and do not act on either's behalf. It is the responsibility solely of the Participating 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 Participating Community.
No professional advice
All information, materials, content, and advice on the Site or provided through Seniorly Services is for informational purposes only and is not intended to replace or substitute any financial, medical, legal, or other similar professional advice. Seniorly expressly disclaims, and you expressly release Seniorly 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 Website and/or Seniorly Services. You should consult with an appropriately trained professional for all concerns that require financial, medical, legal, or other similar professional advice.
FEES AND PAYMENT
You may be required to pay fees to access certain features of the Website or Seniorly Services. All fees are in U.S. dollars and are non-refundable. If Seniorly implements, changes, modifies, or waives the fees for all or part of Seniorly Services, including by adding fees or charges, Seniorly will provide you with advance notice of those changes. If you do not accept the changes, Seniorly may restrict your access to certain features of the Website or discontinue providing the applicable part of Seniorly Services to you.
Seniorly's authorized third-party payment processor will charge the payment method you specified at the time of purchase. Seniorly may change payment processors at any time and in its sole discretion. You authorize Seniorly to charge fees for the Seniorly Services you select to that payment method, and you grant Seniorly the right to provide such information to third parties for purposes of facilitating any transactions. If you pay any fees with a credit card, you represent and warrant that you have the right to use any credit card that you submit, and Seniorly may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
USER ACCOUNTS; USER MATERIALS
To access some features of the Website and/or Seniorly Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You represent and warrant that the information you provide is accurate and complete and that you will keep it accurate, complete, and up to date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. 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 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, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, in our opinion, you have violated any provision of the Terms of Use.
PRIVACY AND CONSENT TO COMMUNICATIONS
Please review our Privacy Policy to understand how we collect and use information, including personal information. By filling out any forms on the Website or providing information to us, you expressly consent to being contacted by us and/or Partner Agents and/or Participating Communities, whether by phone, mobile phone, email, mail, or otherwise. You authorize us to share the information that you provided to us and related information we may receive from third parties with Partner Agents and/or Participating Communities for the purpose of providing Seniorly Services. Such authorization shall continue in effect until you have withdrawn your consent by requesting that we no longer provide you Seniorly Services; provided that we may continue to disclose your information when communicating with a Partner Agent and/or Participating Community as necessary for business purposes, such as Participating Community billing matters, until such matters are closed.
Seniorly Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Seniorly or third parties, such as Partner Agents or Participating Communities. Communications through these methods may be routed through a third-party service (“Communications Service”). You will be notified at the beginning of a call if it may be recorded or monitored for quality assurance and customer service purposes. By continuing the call, you consent to such recording and monitoring by Seniorly or the Communications Service. Seniorly also uses the Communications Service to track phone calls and text messages between you and Partner Agents so that Seniorly and the Partner Agent can access certain details about the contact. As part of this process, Seniorly and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. By using Seniorly Services, you consent to these practices. Any information will be handled in accordance with our Privacy Policy.
USE OF SITE; LIMITED LICENSE FOR USE OF SITE
You are granted a limited, non-sublicensable license to access and use the Website and all content, data, information, and materials included on the Website (the “Website Materials”) solely for your personal use, subject to the terms and conditions set forth herein. This license is revocable by Seniorly at any time. You will not use the Website or any of the Website Materials other than for their intended purpose or in any way that is unlawful or harmful to Seniorly. Any use of the Website or the Website Materials other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, will automatically and immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
PROHIBITED USES
By using the Website or Seniorly Services, you represent, warrant, and covenant that you are not: (a) located in, or a resident or a national of, any country subject to any U.S. government embargoes or other sanctions or restrictions; or (b) on any of the U.S. government lists of restricted persons or entities.
The following are additional examples of some actions and activities that are prohibited in accessing or using the Website or Seniorly Services, and you agree not to do any of the following:
- Using the Website for commercial purposes other than those limited commercial uses described herein or expressly contemplated by agreement with Seniorly, such as by Participating Communities.
- Conducting or promoting any illegal activities while using the Website or Seniorly Services.
- 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 Website or Seniorly’s computer or telecommunication systems or data.
- Interfering in any way with the proper functioning of the Website (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Website, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Website.
- 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 website or service any of the Website Materials.
- 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 Website or use web “bots” or similar data gathering or extraction methods for such purposes.
- Attempting to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website.
- Attempting to gain access to secured portions of the Website.
- Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover, any security measures (including encryption algorithms, keys, passwords, and the like) used by or for Seniorly to protect its computer and/or telecommunications systems.
- Using the Website or Seniorly Services to generate unsolicited email advertisements or spam; or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (i.e., “spam”).
- Using the Website or Seniorly Services to stalk, harass, or harm another individual.
- Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity.
- Posting, transmitting, or otherwise making available through or in connection with the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; or (e) harmful to minors.
- Mirroring or framing the Website, placing pop-up windows over its pages, or otherwise affecting the display of its pages.
- Removing any copyright, trademark, or other proprietary rights notice from the Website or from any materials made available on or through the Website.
- Engaging in any other action in any way that is unlawful or harmful to Seniorly.
TERMINATION OF USE OF WEBSITE AND SENIORLY SERVICES
We may terminate or suspend your access to the Website and/or your use of Seniorly Services at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Website and/or Seniorly Services, as applicable, will immediately cease.
INTELLECTUAL PROPERTY OWNERSHIP
Seniorly's intellectual property
The Seniorly, Inc. name, the Seniorly, Inc. logo, and all related names, logos, product and service names, designs, slogans, and other marks contained on the Website or in materials provided by Seniorly are trademarks of Seniorly or its affiliates or licensors. You must not use such marks without the prior written permission of Seniorly. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. All rights, title, and interest in and to the Website, including content, materials, trademarks, software, and other features and functionality, and all intellectual property relating to the Website, vest solely in Seniorly and its licensors.
You may not use Seniorly's marks in connection with any product or service that is not Seniorly's, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any right to use any such marks without the express prior written consent of the owner. Any rights not expressly granted herein are reserved.
Content provided by properties and communities
By providing text, photographs, images, videos, audio content, and/or other written or audiovisual content ("Content") to Seniorly or by publicly posting Content on your website or otherwise making Content publicly available in connection with the advertising and marketing of your properties and communities on the Website, you grant Seniorly a non-exclusive license to use, display (publicly or otherwise), and/or reproduce such Content.
You represent and warrant that (i) you own all right, title, and interest in and to the Content or otherwise possess the necessary rights and consents to allow Seniorly to use the Content in connection with the advertising and marketing of your properties and communities on the Website, and (ii) the Content (and Seniorly's exercise of its rights with respect thereto) does not and shall not infringe, misappropriate or violate any copyright, patent, trademark, trade secret, publicity, privacy or other rights of any third party.
You shall indemnify, defend, and hold Seniorly and its affiliates, and its and their directors, officers, employees, agents, successors and assigns harmless from liability or expense (including reasonable attorney's fees) from any third-party claim related to or arising from infringement by Seniorly's use of the Content of any copyright, patent, trademark, trade secret, publicity, privacy or other rights of any third party.
Content provided by users
Certain portions of Seniorly Services may allow users to upload or otherwise provide to Seniorly images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to Seniorly Services, you grant Seniorly an irrevocable, perpetual, royalty-free worldwide, fully paid-up, transferable, and fully sublicensable (through multiple tiers) license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, translate, and otherwise use, analyze, and exploit your User Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
Seniorly will not pay you for your User Materials or to exercise any rights related to your User Materials. Seniorly has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Materials. Seniorly may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on Seniorly Services or that you otherwise make available through Seniorly Services. For all User Materials, you represent and warrant that: (i) you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property laws) to authorize Seniorly and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use; and (ii) your provision of User Materials is not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any User Materials that you may have under any applicable law under any legal theory. In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Website and/or Seniorly Services or otherwise, such Feedback will be deemed User Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Seniorly under any fiduciary or other obligation, regardless of whether Seniorly uses or acts on such Feedback. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
Seniorly is under no obligation to monitor, evaluate, edit, or control User Materials or the User Materials of any other user and will not be responsible or liable for any User Materials. Seniorly may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on Seniorly Services, including User Materials, that in Seniorly's sole judgment violate the Terms or the Privacy Policy or are otherwise objectionable. You understand that when using Seniorly Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Seniorly with respect to User Materials. Seniorly expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Seniorly may investigate the allegation and determine in Seniorly's sole discretion whether to remove the User Materials, which Seniorly reserves the right to do at any time and without notice.
Copyright Infringement Notices and DMCA Notices
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
Notices and counter-notices must be sent in writing to Seniorly as follows: By mail to Seniorly, Inc., Attn: DMCA Agent, P.O. Box 26804, San Francisco, CA, 94108, USA; or by e-mail to legal@seniorly.com. You also may contact Seniorly's DMCA Agent at telephone number (415) 985-4958.
THIRD-PARTY AND LINKED SERVICES
The Website and Seniorly Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal and/or business information (collectively, your “User Information”) to third parties not under Seniorly's control (each, a “Third-Party Provider”). The Website may provide links to external sites (“External Sites”). We provide these links to External Sites for your convenience only. We do not control such External Sites; therefore, Seniorly is not responsible for the content of any linked website or any link contained in a linked website. Our inclusion of links to such External Sites does not imply any endorsement of any such third party who features their goods or services through the Website, including Participating Communities and Partner Agents. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of External Sites.
Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with Seniorly Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Seniorly does not endorse, and takes no responsibility for such products, services, websites, and materials, or a Third-Party Provider's use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Seniorly may transfer the applicable User Information or other information to the applicable third parties, which are not under the control of Seniorly. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Seniorly is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
DISCLAIMER
THE WEBSITE AND THE WEBSITE MATERIALS (INCLUDING ALL THIRD-PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, PRODUCTS, AND OTHER SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND SENIORLY SERVICES IS AT YOUR SOLE RISK. SENIORLY AND ITS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES (COLLECTIVELY, "ASSOCIATED PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE WEBSITE, THE WEBSITE CONTENT, LINKS, AND ALL INFORMATION, MATERIALS, PRODUCTS, AND OTHER SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR SENIORLY SERVICES. IN ADDITION, SENIORLY IS NOT RESPONSIBLE FOR THE INFORMATION, 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 ANY PARTICIPATING COMMUNITY, PARTNER AGENT, OR OTHER SENIOR HOUSING OR CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM SENIORLY OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. SENIORLY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE INFORMATION OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, SENIORLY DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENIORLY OR ANY OF ITS AFFILIATES OR ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, OR FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR SENIORLY SERVICES, SENIORLY'S ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE WEBSITE OR SENIORLY SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE WEBSITE OR SENIORLY SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY SENIORLY, ANY OF ITS AFFILIATES, OR ANY OF THE ASSOCIATED PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY SENIORLY SERVICES IS TO STOP USING THE WEBSITE AND SENIORLY SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF SENIORLY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SENIORLY TO USE THE WEBSITE AND/OR SENIORLY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION ("LIMITATION OF LIABILITY") AND ELSEWHERE IN THE TERMS) ARE MADE ON BEHALF OF BOTH SENIORLY, ITS AFFILIATES, AND EACH OF THE ASSOCIATED PARTIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS OF THIS SECTION ("LIMITATION OF LIABILITY”) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify, and hold Seniorly, its affiliates, each of the Associated Parties, and their respective successors and assigns, harmless from any claim or demand, including attorneys' fees, arising out of your use of the Website and/or Seniorly Services or your violation or alleged violation of the Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.
CHANGES
Changes to the Website and/or Seniorly Services
We reserve the right to change, modify, suspend, or cease providing the Website and/or any Seniorly Services (and, therefore, your access to and use of the foregoing) at any time, without notice.
Changes to the Terms of Use
We reserve the right to change or modify the Terms of Use and anything pertaining to the Website, Partner Agents, and/or Seniorly Services at any time in our sole discretion. If we change the Terms of Use, we will post a new version on the Website and update the date listed at the top of the Terms of Use. Any changes or modifications will be effective immediately upon posting of the revisions on the Website. Such changes will not apply to any dispute between you and Seniorly arising prior to the date on which we posted the revised Terms of Use incorporating such changes. Your use of the Website and/or Seniorly Services following the posting of changes or modifications to these Terms of Use will constitute your acceptance of the revised Terms of Use. If you do not agree to the amended terms, you should immediately stop using the Website and Seniorly Services. You are expected to check the Terms from time to time so you are aware of any changes.
LIMITATIONS ON THE TERMS
The Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Seniorly. If any part of the Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section headings in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in the Terms of Use shall be construed as if followed by the phrase "without limitation.” You may not assign the Terms of Use, or assign, transfer, or sublicense your rights or obligations, if any, related to Seniorly Services. Seniorly's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, the Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Seniorly with respect to Seniorly Services provided hereunder and supersede all prior or contemporaneous communications of any kind between you and Seniorly with respect to Seniorly Services. Notices to you (including notices of changes to the Terms of Use) may be made via posting to the Website or by e-mail (including in each case via links).
JURISDICTIONAL
The Website is controlled or operated (or both) from the United States and is not intended to subject Seniorly to any non-U.S. jurisdiction or law. The Website may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Website's availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose in our sole discretion.
CHOICE OF LAW
The Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions and regardless of your location. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in San Francisco County, California for any and all disputes, claims, and actions arising from or in connection with the Website, Seniorly Services, and/or these Terms of Use.
DISPUTES
Subject to and without limiting the Choice of Law section in the Terms, you agree that any dispute between you and Seniorly arising out of or relating to the Terms or the Seniorly Services will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against Seniorly. Any arbitration will be administered by the American Arbitration Association and will take place in San Francisco, CA, U.S.A.
YOU AND SENIORLY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD TO ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THE TERMS, THE PRIVACY POLICY, THE WEBSITE, ANY MATERIAL, OR THE RELATIONSHIP OF THE PARTIES HEREUNDER.
If a court decides that the terms of this section ("Disputes") are not enforceable or are invalid, then this section shall cease to have effect; provided, however, that the remaining portions of the Terms of Use will remain in full force and effect.
CONTACT INFORMATION
Seniorly Services are offered by Seniorly, Inc., located at 2 Embarcadero Center, Suite 08-129, San Francisco, CA, 94111. You may contact us by sending correspondence to that address or emailing info@seniorly.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA, 95834, or by telephone at (916) 445-1254 or (800) 952-5210.