Terms of Use
Effective October 2008
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("SITE TERMS") CAREFULLY. YOUR USE
OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION.
BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND
ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO
NOT USE THIS WEB SITE.
The Web site you are accessing (the "Site") is provided by A Place For Mom, Inc,
and/or an affiliate thereof (individually and collectively, "APFM").
These Site Terms apply exclusively to your access to, and use of, the Site so please
read them carefully. These Site Terms do not alter in any way the terms or conditions
of any other agreement you may have with APFM or its affiliates, for services, products
or otherwise. We reserve the right to change or modify any of the Site Terms and
the Site, at any time. If we decide to change our Site Terms, we will post a new
version on the Site and update the date. Any changes or modifications will be effective
immediately upon posting of the revisions on the Site, and you waive any right you
may have to receive specific notice of such changes or modifications. Your use of
the Site following the posting of changes or modifications to the Site Terms will
constitute your acceptance of the revised Site Terms. Therefore, you should frequently
review the Site Terms and applicable policies from time-to-time to understand the
terms and conditions that apply to your use of the Site. If you do not agree to
the amended terms, you must immediately stop using the Site.
ANY ALZHEIMER'S CARE FACILITY, ASSISTED LIVING FACILITY, HOME CARE FACILITY, NURSING
HOME FACILITY, RESIDENTIAL CARE FACILITY, RETIREMENT FACILITY, ADULT DAY CARE FACILITY,
SENIOR APARTMENT FACILITY OR HOSPICE FACILITY.
Our Senior Care Partners
Any care provider that offers housing and/or supportive services to elderly and/or
disabled individuals of the nature referenced on this Site (including Alzheimer's
care facilities, assisted living facilities, home care facilities, nursing home
facilities, residential care facilities, retirement facilities, adult day care facilities,
senior apartment facilities or hospice facilities), is eligible to be included on
our website provided that such provider (1) represents to us that they are licensed,
and will at all times remain licensed, by the state in which they operate (unless
their state doesn’t require licensure), and (2) has entered into an agreement with
us and paid a fee, or agreed to pay a fee in the future in certain circumstances,
for being included in our product and services offerings. We impose no requirements
on our partner providers as to the manner in which they deliver services to residents.
Each provider included in our service has agreed to charge our clients in the same
way they charge other clients for the same care level.
Our Services
We help families evaluate the type of care needed by an elderly person including
an assessment of issues such as care requirements, desired price level, and amenity
preferences. Once we understand the individual's needs and preferences, we help
to identify the senior care providers in our participant group that could potentially
meet those needs and preferences. The names of those providers are shared with the
individual and/or family member. We also forward the individual's name and pertinent
information to the provider(s) along with a request that the provider contact such
individual.
No Endorsement; No Affiliation
Due to the complicated and constantly changing healthcare delivery landscape, we
exercise no independent judgment as to the quality of the provider(s), nor do we
endorse or any provider(s). We do not provide specific advice regarding which provider(s)
you should use and you should only make decisions regarding service providers after
consulting with them, your family members and other knowledgeable sources, based
on your specific needs, after a thorough review and investigation. We believe and
are committed to educating family members on how to assess quality care so that
they can make good decisions today and every day after a loved one is placed with
a provider. APFM is not owned or affiliated or related in any way with any of the
providers listed on our Site, except through the fee the provider pays us to be
included.
No Professional Advice
The information contained in this Site may include content that relates to medical,
legal, financial or other professional matters. It is provided for informational,
educational and discussion purposes only and should not be used, interpreted, or
relied upon as professional medical advice, diagnosis or treatment; legal; financial
or professional advice; or advice regarding which service providers you should use.
You should consult with a medical doctor, attorney, financial or other professional
if you need assistance with matters that fall into their area of expertise.
Privacy and Consent to Communications
We believe strongly in providing you notice of how we collect and use your data,
including personally identifying information, collected from the Site. We have adopted
a Privacy Statement to which you should refer to fully understand how we collect
and use personally identifying information. By filling out any forms on the Site
or providing information to us, you acknowledge that we have an established business
relationship and you expressly consent to being contacted by us or our providers,
whether by phone, mobile phone, email, mail or otherwise.
Use of Site; Limited License
You are granted a limited, non-sublicensable license to access and use the Site
and all content, data, information and materials included in the Site (the "Site
Materials") solely for your personal use, subject to the terms and conditions set
forth in these Site Terms. You may not use the Site or any Site Materials for commercial
purposes. You agree that you will not modify, copy, distribute, resell, transmit,
display, perform, reproduce, publish, license, create derivative works from, frame
in another web page, use on any other web site or service any of the Site Materials.
You will not use the Site or any of the Site Materials other than for their intended
purpose or in any way that is unlawful, or harms APFM and/or its suppliers. Without
prejudice to the foregoing, you may not engage 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 from the Site or that uses web "bots" or similar
data gathering or extraction methods. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided
for through the Site. Any use of the Site or the Site Materials other than as specifically
authorized herein is strictly prohibited and will 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 these Site Terms shall
be construed as conferring any license to intellectual property rights, whether
by estoppel, implication or otherwise. This license is revocable by us at any time.
Account Security
Each person that is provided with a password and user ID to use the Site must agree
to abide by these Site Terms and is responsible for all activity under such user
ID. You are responsible for maintaining the confidentiality and security of any
password connected with your account.
Submissions
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 or the Site, provided by you in the form of e-mail or
submissions to us, or postings on the Sites, are non-confidential. We will own exclusive
rights, including all intellectual property rights, and will be entitled to the
unrestricted use of these materials for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Our Commitment
A Place for Mom is committed to helping families understand their senior housing
needs and providing a variety of options and choices in obtaining care and services
for loved ones. Consequently, A Place for Mom is not owned or affiliated or related
in any way with any of the providers listed on our website, except through the fee
the provider pays A Place for Mom to be included.
Hyperlinks
We make no claim or representation regarding, and accept no responsibility for,
the quality, content, nature or reliability of third-party Web sites accessible
by hyperlink from the Site, or websites linking to the Site. Such sites are not
under our control and we are not responsible for the content of any linked site
or any link contained in a linked site, or any review, changes or updates to such
sites. We provide these links to you only as a convenience, and the inclusion of
any link does not imply affiliation, endorsement or adoption by us of any site or
any information contained therein. When you leave the Site, you should be aware
that our terms and policies no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any site to which
you navigate from the Site.
Third Party Products and Services; Third-Party Content
We may run advertisements and promotions from third parties on the Site or may otherwise
provide information about or links or referrals to third-party products or services
on the Site. Your business dealings or correspondence with, or participation in
promotions of, such third parties, and any terms, conditions, warranties or representations
associated with such dealings or promotions are solely between you and such third
party. 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
or services, and you use such third party products and services at your own risk.
We do not sponsor, endorse, recommend or approve any such third party who advertises
their goods or services through the Site. You should investigate and use your independent
judgment regarding the merits, quality and reputation of any individual, entity
or information that you find on or through the Site. We do not represent or warrant
that any third party who places advertisements on the Site is licensed, qualified,
reputable or capable of performing any such service.
Public Areas
If you use a "Public Area", such as a forum, message board, or other community area
that allows user posts, you are solely responsible for any information, text, photos,
content or material that you upload, post or transmit to the Site ("User Content").
You are also responsible for your reliance on any communications found in such areas.
If you feel you or someone is in danger, or you believe illegal conduct may take
place or has taken place, you should contact your local law enforcement agency immediately.
If you believe you may have a medical emergency, call your doctor or 911 immediately.
You agree that you will not engage in any of the following activities, any of which
would be deemed a breach of the Site Terms:
- Violating local, state, or other applicable laws or regulations;
- Posting User Content that infringes the intellectual property rights, privacy, publicity
or other rights of any third party;
- Posting User Content that is unlawful, obscene, defamatory, threatening, harassing,
hateful, or embarrassing to any third party as determined in our sole discretion;
- Posting advertisements or other materials to solicit business for yourself or any
third party;
- Disrupting or impeding the discussion flow of others on the Site;
- Posting chain letters or pyramid schemes;
- Impersonating a third party or implying you are someone other than who you are;
- Distributing viruses or other harmful or malicious computer code;
- Collecting information about others without their explicit written consent;
- Allowing a third party to use your identification or to pretend they are you; or
- Engaging in any conduct that disrupts or impedes a third party’s use and enjoyment
of the Site, or which, in our judgment, exposes us or any customers, partners or
related entities to liability or detriment of any type.
APFM may, but is not obligated to, do one or more of the following:
- Record, monitor, modify or disclose User Content;
- Investigate a complaint
that User Content violates the Site Terms, and determine in our sole discretion
whether to remove the material or take other action;
- Remove User Content if we determine in our sole discretion that a violation of the
Site Terms has occurred or may occur in the future; or
- Terminate a user's access to the Site (or any portion thereof) if he or she has
violated our Site Terms.
Disclaimer
THE SITE 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 SITE AND THE
MATERIALS IS AT YOUR SOLE RISK. APFM AND ITS SUPPLIERS 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 SITE, THE
SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON
OR THROUGH ON THE SITE. IN ADDITION, APFM IS NOT RESPONSIBLE FOR THE PRODUCTS OR
SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY SERVICE PROVIDER OR ITS
AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING
WITHOUT LIMITATION, ANY ALZHEIMER’S CARE FACILITY, ASSISTED LIVING FACILITY, HOME
CARE FACILITY, NURSING HOME FACILITY, RESIDENTIAL CARE FACILITY, RETIREMENT FACILITY,
ADULT DAY CARE FACILITY, SENIOR APARTMENT FACILITY OR HOSPICE FACILITY, 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 SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE,
APFM DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE 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 SITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF APFM.
Limitation of Liability
IN NO EVENT WILL APFM OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SITE MATERIALS.
Termination
We may terminate or suspend your access to the Site at any time, with or without
cause, and with or without notice. Upon such termination or suspension, your right
to use the Site will immediately cease. Furthermore, we reserve the right not to
respond to any requests for information for any reason, or no reason.
Applicable Law and Venue
These terms and conditions are governed by and construed in accordance with the
laws of the State of Washington, applicable to agreements made and entirely to be
performed within the State of Washington, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of or relating
to these terms and conditions can be filed only in state or federal court located
in Seattle, Washington, and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of these terms and conditions.
General Terms
If any part of the Site Terms 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 Site Terms will continue in effect. We may assign
this Agreement, in whole or in part, at any time with or without notice to you.
You may not assign this Agreement, or assign, transfer or sublicense your rights,
if any, in the Sites. Except as expressly stated herein, the Site Terms constitute
the entire agreement between you and us with respect to the Sites.
Copyright, Trademark and Patent Notices
Portions of the Sites are protected by APFM intellectual property rights and unless
otherwise explicitly indicated in the Site, the Site Materials and the selection
and arrangement thereof are the proprietary property of APFM and its suppliers and
are protected by U.S. and international copyright laws. The APFM name, and any APFM
products and services slogans or logos referenced herein 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 Site may be the trademarks
of their respective owners. Any rights not expressly granted herein are reserved.
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, 221--1st Ave West, Suite 3500, Seattle, WA 98119-4285--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. The parties have required that the Site
Terms 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.
