Terms of Use
Effective February 2013
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE")
CAREFULLY. YOUR USE OF THIS WEB SITE AS WELL AS ALL OTHER WEB SITES
OWNED AND/OR OPERATED BY A PLACE FOR MOM (INDIVIDUALLY AND
COLLECTIVELY, "SITE" OR "SITES")) AND/OR THE SERVICES PROVIDED BY A
PLACE FOR MOM THROUGH OR IN CONNECTION WITH THE SITES (INCLUDING
SENIOR HOUSING AND CARE MARKETING AND INFORMATION SERVICES
("SERVICES")) IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF
USE WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITES, YOU
AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS INCORPORATED BY
REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE
SITES AND/OR THE SERVICES.
The Sites and the Services are provided by A Place for Mom, Inc.
("APFM").
The Terms of Use apply to your access to, and use of, the Sites
and/or the Services, so please read them carefully.
We reserve the right to change or modify any of the Terms of
Use, the Sites, and/or the Services at any time. If we decide to
change our Terms of Use, we will post a new version on the Sites
and update the date. Any changes or modifications will be effective
immediately upon posting of the revisions on the Sites, regardless
of whether we provide you with any specific notice of such changes
or modifications. To the extent that notice is required under any
applicable law or otherwise, you waive the right to such notice,
provided that this sentence will not apply to you if you are a
Washington State resident or to the extent you are seeking Services
in Washington State. Your use of the Sites and/or the Services
following the posting of changes or modifications to the Terms of
Use will constitute your acceptance of the revised Terms of Use.
Therefore, you should review the Terms of Use and applicable
policies from time-to-time to understand the terms and conditions
that apply to your use of the Sites and/or Services. If you do not
agree to the amended terms, you must immediately stop using the
Sites and/or Services.
The Terms of Use do not alter in any way the terms or conditions
of any other agreement you may have with APFM for services,
products or otherwise. Your access to, and use of, the Sites may
also be subject to any legal notices or additional terms and
conditions applicable to the Sites and/or Services, in addition to
these Terms of Use, ("Additional Terms"). Where Additional Terms
apply to the Services, the Additional Terms will be accessible for
you to read through your use of the Services and/or provided
separately. These Terms of Use, together with the Additional Terms,
form a legally binding agreement between you and APFM in relation
to your use of the Sites and/or Services. It is important that you
take the time to read them carefully. If there is any contradiction
between what the Additional Terms say and what these Terms of Use
say with respect to the Services, then the Additional Terms shall
take precedence in relation to that Service.
To use the Sites and/or Services, you must be of legal age to
enter into a binding contract and not be prohibited from using the
Sites and/or Services by the laws of the jurisdiction from which
you access the Sites and/or Services.
Our Services
A Place for Mom is a senior housing and care marketing and
information service that provides resources and personalized
assistance in finding senior housing and care. We help families
find options based on a loved one's stated needs and preferences
and empower them to make informed decisions. This may include
independent living, home care, residential care homes, assisted
living, specialized memory care and skilled nursing. Based on the
family's stated needs and preferences, we provide the family with
information about contracted communities ("Participating
Communities") and we forward the family's information to those
Participating Communities. Families can review detailed information
about local and national Participating Communities, and get
personalized, knowledgeable assistance by telephone from a local
Senior Living Advisor. The service is offered at no charge to
families as the Participating Communities pay a fee to APFM.
Participating Senior Housing and/or Care Communities
The Participating Communities are solely responsible for
evaluating, accepting (or declining, as appropriate), and caring
for all residents, including, without limitation, 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. 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.
Each Participating Community is responsible for the content of
the information posted on its page or on the Sites. The information
does not represent our views or any individual associated with us,
and we do not control this content. We do not vouch for the
accuracy or completeness of any of the information posted by and/or
for the Participating Community on the Sites, 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 the
Participating Community on the Sites. By using the Sites and/or
Services, you assume all associated risks.
No Endorsement; No Affiliation
We exercise no independent judgment as to the quality of, nor do
we recommend or endorse, any Participating Community. We provide
only an information service and do not (1) place the consumer in
any Participating Community, (2) perform any medical assessment of
or for the consumer or the Participating Community, or (3)
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/or advice on the Sites
or provided through the Services is for informational purposes only
and is not intended to replace or substitute for any professional,
financial, medical, legal or other advice. APFM expressly
disclaims, and you expressly release APFM 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 Sites and/or Services. You should consult with an
appropriately trained specialist for all concerns that require
medical, legal, financial or other professional advice.
Privacy and Consent to Communications
Your privacy is important to us, and we provide a Privacy Policy
that sets out how we collect and use your personal information
collected from the Sites. Please review our Privacy Policy to which
you should refer to fully understand how we collect and use
personal information; your use of the Sites and/or Services will
constitute your acceptance of the terms and conditions of the
Privacy Policy. By filling out any forms on the Sites or providing
information to us, you expressly consent to being contacted by us
and/or the Participating Communities, whether by phone, mobile
phone, email, mail or otherwise. If you are a customer or potential
customer of the Services, you authorize us to provide the
information that you provided us and related information we may
receive from third parties to Participating Communities for the
purpose of providing Services. Such authorization shall continue in
effect until you have withdrawn your consent by requesting that we
no longer provide you Services; provided that we may continue to
refer to and/or disclose your information when communicating with a
Participating Community as necessary for our normal Participating
Community related business practices (such as Participating
Community billing matters) until such matters are closed.
Use of Sites; Limited License
You are granted a limited, non-sublicensable license to access
and use the Sites and all content, data, information and materials
included in the Sites (the "Site Materials") solely for your
personal use, subject to the terms and conditions set forth in the
Terms of Use. You will not use the Sites or any of the Site
Materials other than for their intended purpose or in any way that
is unlawful or harms APFM. Any use of the Sites or the Site
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
without limitation 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. This license is revocable by
APFM at any time.
No Unauthorized Access of and/or Use of the Sites and/or
Services
The following are examples of some actions and activities that
are prohibited by you in accessing and/or using the Sites and/or
Services, and you agree not to do any of the following:
- Using the Sites for commercial purposes.
- Conducting or promoting any illegal activities while using the
Sites 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 Sites, APFM's computer and/or
telecommunication systems or data.
- Interfering in any way with the proper functioning of the Sites
(including harming, disabling, or significantly slowing) or
interfering with or disrupting any servers or networks connected to
the Sites, or disobeying any requirements, procedures, policies or
regulations of networks connected to the Sites.
- 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 Web site or service any of the Sites
content.
- 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 Sites, or otherwise attempting to derive the
source code of the software (including the tools, methods,
processes, and infrastructure) that enables or underlies the
Sites;
- Attempting to gain access to secured portions of the
Sites.
- Circumventing, attempting to circumvent, disabling, or
attempting to disable, or discovering or attempting to discover any
security measures (including without limitation encryption
algorithms, keys, passwords, and the like) used by or for APFM to
protect its computer and/or telecommunications systems.
- Using the Sites and/or Services to generate unsolicited email
advertisements or spam; and/or allowing, enabling, or otherwise
supporting the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam).
- Using the Sites and/or Services to stalk, harass or harm
another individual.
- Impersonating any person or entity, or otherwise
misrepresenting your affiliation with a person or entity; or
- Uploading, distributing or printing anything that may be
harmful to minors.
- Mirroring or framing the Sites, placing pop-up windows over its
pages, or otherwise affecting the display of its pages.
- Engaging in any other action in any way that is unlawful or
harms APFM.
Intellectual Property Ownership
All trademarks, service marks, and trade names are proprietary
to APFM and our licensors. All rights, title, and interests in and
to the Sites, including content, materials, trademarks and other
intellectual property contained in the Sites, vest solely in APFM
and its licensors. The APFM name, and any APFM products and
services, slogans or logos referenced herein on the Sites are
either trademarks or registered trademarks of APFM in the United
States and/or other countries. The names of actual third party
companies and products mentioned in the Sites may be the trademarks
of their respective owners. Any rights not expressly granted herein
are reserved.
Account Security
On certain portions of the Sites, you will be provided with a
password and user identification to use the Sites. You must agree
to abide by these Site Terms and are responsible for all activity
under such user identification. You are responsible for maintaining
the confidentiality and security of any password connected with
your account.
Hyperlinks to External Web Sites
The Sites may provide links to external Web sites ("External Web
Sites"). We provide these links to External Web Sites for your
convenience only. We do not control such External Web Sites;
therefore, APFM is not responsible for the content of any linked
site or any link contained in a linked site. Our inclusion of links
to such External Web Sites does not imply any endorsement of any
such third party who advertises their goods or services through the
Sites (including Participating Communities). We make no claim or
representation regarding, and accept no responsibility for, the
quality, content, nature or reliability of External Web Sites.
When you leave the Site, you should be aware that our Terms of
Use and our Privacy Policy do not apply to your use of External Web
Sites. You should review the applicable terms and policies,
including privacy and data gathering practices, of any External Web
Sites to which you navigate from the Site. Your use of and dealings
with the owners or operators of these External Web Sites are at
your own risk, and you agree not to make any claim against APFM
arising out of your use of these External Web Sites.
Third Party Products and Services
We may run advertisements and promotions from third parties
(including Participating Communities) on the Sites or may otherwise
provide information about or links or referrals to third-party
(including Participating Communities) products or services on the
Sites ("Third Party Products and Services").
We do not make any guarantees about the accuracy, currency,
suitability, or quality of the information about such Third Party
Products and Services, and we assume no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful
content made available by Third Party Products and Services.
Because we do not control such Third Party Products and Services,
we are not responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or promotions or from
any Third Party Products and Services, and you use such Third Party
Products and Services at your own risk.
Your business dealings or correspondence with, or participation
in promotions of, such Third Party Products and Services, and any
terms, conditions, warranties or representations associated with
such dealings or promotions are solely between you and such third
party.
You should investigate and use your independent judgment
regarding the merits, quality and reputation of any Third Party
Products and Services that you find on or through the Sites.
Public Areas and Submissions
If you use a "Public Area", such as the Eldercare Forum, message
board, or other community area that allows user posts, additional
terms and conditions apply to you.
You agree that any materials, including but not limited to
questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information regarding APFM,
the Sites, and/or the Services, provided by you in any manner
including but not limited to e-mail, other written, or oral
submissions to APFM, or postings on the Sites ("Submissions"), are
non-confidential. We are entitled to the unrestricted use,
dissemination, distribution, display, reproduction, sublicense,
post, and/or publication of the Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to
you, and we will own the exclusive rights, including all
intellectual property rights, to the Submissions.
If you are an author of a Submission, you warrant that you will
not post any materials that would (a) constitute or encourage
conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or
international law, including any threatening, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent messages of any
kind; (b) violate or infringe upon the rights of others, including
their privacy or publicity rights, or which is protected by
copyright, trademark or other proprietary rights, without first
obtaining permission from the person who owns or holds that right;
(c) contain a virus or other material of a destructive nature; and
(d) violate any law, statute, ordinance or regulation including but
not limited to misrepresentation, fraud, deception,
anti-discrimination, and/or false advertising.
Additional terms and conditions may apply to you in your use of
the "Public Area", the Eldercare Forum, message board, or other
community area.
Disclaimer
THE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY
CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS,
RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE
SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF
THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. APFM AND ITS
ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS,
DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND
EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE
SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES
AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES.
IN ADDITION, APFM IS NOT RESPONSIBLE FOR THE 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 WITHOUT LIMITATION, ANY PARTICIPATING COMMUNITY
OR OTHER HEALTH CARE AND/OR ANY OTHER SENIOR HOUSING AND CARE
PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION
FROM APFM OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. APFM
EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS
THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE
FROM VIRUSES, APFM DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE
SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. IN NO EVENT SHALL APFM BE LIABLE TO USER FOR ANY OF THE
PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE
SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF APFM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL APFM OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT,
SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR
OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMMISSIONS UNDER
OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE
UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS
OF THE LEGAL THEORY INCLUDING WITHOUT LIMITATION TORT, STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY US OR ANY
ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS OF THIS "LIMITATION OF LIABILITY" SECTION SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS (SUCH AS
WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Indemnification
You agree to indemnify and hold APFM and the Associated Parties
harmless from any claim or demand, including attorneys' fees,
arising out of your use of the Sites and/or the Services or your
violation of our Terms of Use, or the infringement by you of any
intellectual property or other right of any person or entity.
Termination
We may terminate or suspend your access to the Sites at any
time, with or without cause, and with or without notice. Upon such
termination or suspension, your right to use the Sites will
immediately cease.
Changes to the Sites and/or Services
We reserve the right to change, modify, suspend, or cease
providing the Sites and/or Services (and therefore, your access to
and use of) at any time without notice.
Governing Law and Forum Selection
The Terms of Use are construed under the laws of the State of
Washington, without reference to its conflict of laws provisions.
You agree that any action at law or in equity arising out of or
relating to the Sites and/or Services can be filed only and
exclusively in a state or federal court located in Seattle,
Washington, and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction and venue of such courts
over any suit, action or proceeding arising out of the Sites and/or
Services. You hereby knowingly, voluntarily, intelligently, and
irrevocably waive any available affirmative defenses under federal
law or any states' laws to venue and jurisdiction in Seattle,
Washington, including without limitation improper venue, forum non
conveniens, lack of in personam jurisdiction, and all related
defenses. You further agree that this forum-selection clause shall
apply to any and all claims under federal law or any states' laws
and that arise from or relate in any way to the Sites and/or
Services, including, without limitation, contract, tort, and all
other statutory or common law claims seeking equitable or legal
relief, whether asserted as a cause of action, counterclaim,
cross-claim, affirmative defense, or otherwise, and whether
asserted on an individual basis or as putative representative of a
class.
Waiver of Right to Jury Trial
YOU HEREBY KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND
IRREVOCABLY WAIVE YOUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE
OF ACTION BASED UPON, ARISING OUT OF, OR IN ANY MANNER RELATING TO
THE TERMS OF USE AND/OR APFM'S PERFORMANCE OR FAILURE TO PERFORM
HEREUNDER. The scope of this waiver is intended to be
all-encompassing and shall apply to any and all claims arising
under federal law or any states' laws and that arise from or relate
in any way to the subject matter of the Terms of Use and/or our
performance, including, without limitation, contract, tort, and all
other statutory or common law claims seeking equitable or legal
relief, whether asserted as a cause of action, counterclaim,
cross-claim, affirmative defense, or otherwise, and whether
asserted on an individual basis or as putative representative of a
class. You expressly acknowledge that this provision is an
essential aspect of the bargain embodied by the Terms of Use.
Claims Subject to Mandatory and Binding Arbitration
Subject to and without limiting the Governing Law and Forum
Selection section, you expressly agree that any claim or cause of
action that arises from, relates to, or has connection with the
Sites and/or Services shall be adjudicated exclusively and finally
by arbitration in Seattle, Washington, administered by the American
Health Lawyers Association Alternative Dispute Resolution Service
under its Rules of Procedure for Arbitration (available at
http://www.healthlawyers.org). The arbitration award shall be final
and binding, and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction
thereof. Except as required by applicable law, you knowingly,
voluntarily, intelligently, and irrevocably waive any right to
appeal from the arbitration award, including but not limited to any
appeal from any judgment entered on the arbitration award or any
order based thereupon. YOU EXPRESSLY AGREE THAT ANY CLAIM OR CAUSE
OF ACTION THAT IS SUBJECT TO ARBITRATION UNDER THE TERMS OF USE
MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. YOU FURTHER EXPRESSLY AGREE THAT THE ARBITRATOR SHALL
NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Waivers Not Applicable in Washington State
To the extent such provisions are not allowed or we otherwise
state in writing to you that such provisions of the Terms of Use
are not intended by us to apply to you, waivers of liability and
rights by certain individuals do not apply under Washington State
law and therefore the waivers of liability and rights set out in
the Terms of Use may not apply to you if you are a Washington State
resident or to the extent you are seeking Services in Washington
State.
Copyright Infringement Notices
If you are a copyright owner and believe your copyrighted
material has been used on this Site in a manner that constitutes
copyright infringement, please report the violation to our
designated copyright agent by sending written notice to A Place For
Mom, 1300 Dexter Avenue, Suite 400, Seattle, WA 98109--Attn:
General Counsel. Please include the following information: (1) a
detailed description of the allegedly infringed copyrighted
material, (2) a description of the location of such material on the
Site, (3) your contact information, including address, telephone
number, and email address (if any), (4) your statement that you
have a good faith belief that the allegedly infringing use is not
authorized by the copyright owner, its agent or the law, (5) your
statement, made under penalty of perjury, affirming that the
information in your notice is accurate and that you are authorized
to act on the copyright owner's behalf, and (6) an electronic or
physical signature of the copyright owner or someone authorized on
the owner's behalf to assert copyright infringement and to submit
the statement.
General Terms
If any part of the Terms of Use is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the Terms of Use will
continue in effect. You may not assign the Terms of Use, or assign,
transfer or sublicense your rights, if any, in the Sites. Except as
expressly stated herein, the Terms of Use constitute the entire
agreement between you and APFM with respect to the Sites.
The parties have required that the Terms of Use and all
documents relating thereto be drawn up in English. Les parties ont
demandé que cette convention ainsi que tous les documents que s`y
rattachent soient rédigés en anglais. If there is any contradiction
between what the English language version of the Terms of Use says
and what a translation says, then the English language version
shall take precedence.