UPDATED NOVEMBER 19, 2022
Unless you have entered into a separate written commercial agreement with Seniorly permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
Seniorly is a senior living information portal that lists senior living and care services. Seniorly works with independent living, residential care homes, assisted living, memory care, skilled nursing, 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 (each a “Partner Agent”). 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’s service is offered at no charge to families as the Participating Communities pay a fee to Seniorly or its Partner Agents. In connection with the paid services, Seniorly also operates a proprietary software platform for use by approved Participating Communities and Partner Agents.
The Participating Communities are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all residents, including ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its 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 any of the information posted by and/or for a Participating Community on the Site, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for a Participating Community on the Site. By using the Site and/or Services, you assume all associated risks.
NO ENDORSEMENT; NO AFFILIATION; NOT A BROKER
We, and Partner Agents, exercise no independent judgment as to the quality of, nor do we recommend, control, or endorse, any Participating Community. We provide only an information service and 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 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 the Services is for informational purposes only and is not intended to replace or substitute any professional, financial, medical, legal, or other 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 Site and/or Services. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial, or other professional advice.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Seniorly to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Seniorly may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies.
USER ACCOUNTS; USER MATERIALS
PRIVACY AND CONSENT TO COMMUNICATIONS
USE OF SITES; LIMITED LICENSE
The following are examples of some actions and activities that are prohibited by you in accessing or using the Site or Services, and you agree not to do any of the following:
- Using the Site for commercial purposes.
- Conducting or promoting any illegal activities while using the Site or 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 Site or Seniorly’s computer or telecommunication systems or data.
- Interfering in any way with the proper functioning of the Site (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site.
- 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 Site 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 Sites 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 Site, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site.
- Attempting to gain access to secured portions of the Site.
- 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 Site or 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 Site or 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 Site 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 Site, 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 Site or from any materials made available on or through the Site.
- Engaging in any other action in any way that is unlawful or harms Seniorly.
INTELLECTUAL PROPERTY OWNERSHIP
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 Site 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 Site are the trademarks of their respective owners. All rights, title, and interest in and to the Site, including content, materials, trademarks, software, and other features and functionality, and all intellectual property relating to the Site, 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 Site 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.
THIRD-PARTY AND LINKED SERVICES
The 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 information (collectively, your “User Information”) to third parties not under Seniorly’s control (each, a “Third-Party Provider”). The Site 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 advertises their goods or services through the Site (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.
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 Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company 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 to Company 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 firstname.lastname@example.org. You also may contact Seniorly’s DMCA Agent at telephone number (415) 985-4958.
THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD-PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, PRODUCTS, AND OTHER SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE 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 SITE, THE SITE CONTENT, LINKS, AND ALL INFORMATION, MATERIALS, PRODUCTS, AND OTHER SERVICES AVAILABLE ON OR THROUGH THE SITE OR 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 HEALTH CARE OR ANY OTHER SENIOR HOUSING AND 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 SITE 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 THE 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 SITE OR SERVICES, SENIORLY’S ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITE OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITE OR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY SENIORLY 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 SITE OR ANY SERVICES IS TO STOP USING THE SITE AND 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 SITE AND/OR SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION 15 (LIMITATION OF LIABILITY) AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH SENIORLY AND EACH OF THE ASSOCIATED PARTIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS OF THIS SECTION 15 (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.
CHANGES TO THE SITE AND/OR SERVICES
We reserve the right to change, modify, suspend, or cease providing the Site and/or any Services (and, therefore, your access to and use of the foregoing) at any time, without notice.
The Site 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 Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Site’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
CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Seniorly does not endorse any of the products or services listed on such site.
The Services are offered by Seniorly and its affiliates, located at 2 Embarcadero Center, Suite 08-129, San Francisco, CA, 94111. You may contact Seniorly by sending correspondence to that address or emailing email@example.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.