TERMS OF USE POLICY FOR SENIOR HOMES LOCATOR WEBSITE

This notice applies to all users of the Senior Home Locators Website located at seniorhomelocators.com or any other affiliate or partner Website connected to or run by the owners of senniorhomelocators.com and its parent company.

Please read this notice carefully in order to understand all of the conditions, limitations of liability of site owners and legal issues associated with using this website. This Agreement (the “Agreement”) governs your (herein “you” and “your”) use of seniorhomelocators.com and the relationship between you (the user), and Senior Home Locators, its parent company, owners, any possible employees, officers, directors, contractors and a potential affiliates and partners.

AUTHORIZATION OF USER

Using the seniorhomelocators.com Website to locate a Senior Housing Provider (“SHP”) or Private Home Caregiver (“PHC”) for yourself or a third party (the “Principal”) as their agent or Advocate (the “Agent”), you promise that you are duly authorized to use all features of the seniorhomelocators.com Website for yourself or the Principal, and you promise that you are fully and duly authorized to release your, or the Principal’s name, personal health information and contact information to the Website operators and/or the listed SHP/PHC providers found on this website.

YOU MUST BE OVER 18 YEARS OLD TO USE THIS SITE

As the Senior Home Locators Website, viewable at the internet address http://www.seniorhomelocators.com deals with important and sensitive Senior Housing Provider (“SHP”) and Private Home Caregiver (“PHC”) services, and is specifically designed for the convenience and information of the public related to this subject matter, the following applies.  This Website is NOT designed for use by minors; the use of this Website is specifically designed for adults 18 years of age or over.  In using this site, you (the “User”), understand and agreed that you are 18 years of age or older. If you are not yet 18, or are accessing this Site from any region or country where material on this Site is considered offensive in any manner or prohibited or illegal, please stop using this Site immediately as you do not have permission to access this Site.

WEBSITE CONTENT NOT FOR MEDICAL OR PROFESSIONAL RECOMMENDATIONS OR ENDORSEMENTS

While Senior Home Locators attempts to make sure all information on the seniorhomelocators.com Website has been obtained from reliable and credible sources, Senior Home Locators, its parent company and owners makes no representations or warranties, expressed or implied, as to the accuracy of the information. By using this site, you fully understand and agree that Senior Home Locators is NOT engaged in rendering medical, healthcare, or professional services and is not making any referrals, recommendations or endorsements of SHPs or PHCs or of any other entity that is listed and presented on the Senior Home Locators website. Content found through and on this service/Website is only to be used for the information and convenience of and to the general public, and does not constitute endorsement or recommendation by Senior Home Locators, its parent company and owners in any way, shape or form.

By using this website, you also acknowledge and fully understand that employees and owners of Senior Home Locators are NOT ABLE to inspect, detail, validate or otherwise guarantee the credibility, medical competence, patient handling abilities, integrity or honesty of the SHPs or PHCs or any other entity found on the pages of the seniorhomelocators.com website.  It is the entirely the responsibility and full-duty of the user of the seniorhomelocators.com website to check, double-check and follow-up on references and perform proper due-diligence and background checks for any SHP or PHC or any other entity found on this website.

WEBSITE CONTENT NOT FOR PURPOSES OF MEDICAL DECISIONS

By using this website, you understand that the information presented in seniorhomelocators.com is not for the purpose of a diagnosis, treatment plan, or recommendation for a particular course of action regarding diseases or to determine the appropriateness of a particular Senior Housing Provider (“SHP”), or Private Home Caregiver (“PHC) for a given patient; specifically, this site is not intended to provide medical or healthcare advice in any way, shape or form. You also understand that the information you will receive on the seniorhomelocators.com Website is not intended to be and should not be viewed as a substitute for consultation with a doctor or other healthcare provider. All medical information should be reviewed by your healthcare provider before making any decision or taking any action.

INFORMATION PROVIDED TO SENIOR HOME LOCATORS OR LISTED SHPs and PHCs

It remains your sole responsibility to evaluate the completeness, accuracy, and usefulness of all personal information you provide, whether for yourself or your Principal, to Senior Home Locators or their affiliated Senior Housing Providers and Private Home Caregivers.

WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

Senior Home Locators grants you non-exclusive, limited, royalty-free license to use seniorhomelocators.com to help you learn more about the SHPs and PHCs that are displayed in the Senior Home Locators website. You are not granted any right to use any photographs/images, audio/video content, trademarks, services marks, logos or the trade dress of Senior Home Locators (“Senior Home Locators Property”) for any purpose whatsoever except as authorized in writing by the owners of Senior Home Locators. All other rights are reserved. You understand and agree that it would be an intentional and willful infringement of intellectual property rights to use the Senior Home Locators Property in any manner not expressly authorized in advance and in writing by Senior Home Locators.

LINKS FOUND TO OTHER WEBSITES

The seniorhomelocators.com Website may contain links to other Websites which are not under the control of Senior Homes Locators its owners or its parent company.  Senior Homes Locators and/or its owners are not responsible for the contents of any of these linked sites or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply endorsement or recommendation by Senior Home Locators. It is up to you the user to take precautions to ensure that whatever you select for your use is free of viruses, worms, spyware, Trojan horses, and other items of a destructive or harmful nature to your computer or its contents.

RELEASE OF LIABILITY REGARDING WEBSITE PERFORMANCE, USE OR CONTENT

Senior Home Locators and any referring agencies or companies are not responsible in any way for the performance of seniorhomelocators.com, including but not limited to any failure of our website to perform correctly and as expected by the user. As a user of this site, you clearly understand and agree that Senior Home Locators makes no representations or warranties as to the performance of the seniorhomelocators.com.  NO guarantee is given that the Website will be error free or as to the results obtained from the use of Senior Home Locators.

You agree, at your expense, to indemnify, defend and hold Senior Home Locators harmless from any and all losses, liabilities, or damages (including attorneys’ fees and costs) resulting from any and all claims, causes of action, suits, proceedings, or demands arising from your use of seniorhomelocators.com or from or related to decisions or recommendations you make using the information available on the Senior Home Locators Website.

YOU AGREE THAT SENIOR HOME LOCATORS, ITS PARENT COMPANY AND OWNERS WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, ARISING IN ANY WAY FROM YOUR USE OF THE SENIOR HOME LOCATORS WEBSITE, EVEN IF SENIOR HOME LOCATORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

YOU ACKNOWLEDGE, FOR YOURSELF AND YOUR PRINCIPAL (IF APPLICABLE), AND AGREE THAT SENIOR HOME LOCATORS, ITS PARENT COMPANY AND ITS OWNERS ARE NOT RESPONSIBLE IN ANY WAY FOR THE PERFORMANCE OF THE SENIOR HOME LOCATORS WEBSITE.  THIS PERFORMANCE INCLUDES BUT IS NOT LIMITED TO THE ABILITY OF SENIORHOMELOCATORS.COM TO LOCATE AN APPROPRIATE SENIOR HOME PROVIDER (SHP) OR PERSONAL HOME CAREGIVER (PHC) OR PERFORM IN ACCORDANCE WITH ANY IMPLIED OR EXPLICIT SPECIFICATIONS. SENIORHOMELOCATORS.COM IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND SENIOR HOME LOCATORS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, STATUTORY OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

ARBITRATION AGREEMENT

This Agreement and the relationship between you and Senior Home Locators, its parent company and its owners, shall be governed by the laws of the State of Oregon without regard for its conflict of law principles. Any controversy or claim between you and Senior Home Locators shall be resolved only by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held and conducted in Medford, Oregon and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Senior Home Locators may seek interim or preliminary relief, but only in the state or federal courts sitting in Medford, Oregon, necessary to protect the rights or property of you or Senior Home Locators pending the completion of arbitration. You agree to exclusive venue and jurisdiction in the state or federal courts of Medford, Oregon and you waive all defenses related to the appointment and selection of such courts by using the Senior Home Locators Service.

AMENDMENT OF AGREEMENT

By using the seniorhomelocators.com Website, you agree that this Agreement may be amended or modified from time to time without notice and, by continuing to use the Seniorhomelocators.com after the date this Agreement has been amended or modified and posted on the Internet, you agree that you are bound by the then existing Agreement.

IF UNIFORCIBLE ITEMS – REMAINING PROVISIONS UNAFFECTED

If any provision of this Agreement is to be unenforceable in any specific state or region for any reason, the remaining provisions hereof will be unaffected and remain in full force and effect and the court or arbitrator shall enforce such provisions to the maximum extent allowed by law. This Agreement constitutes the entire agreement, and replace and supersedes all prior agreements and discussion between you and Senior Home Locators concerning the subject matter discussed in this Agreement.