YOUR USE OF THIS WEB SITE AND THE TECHNOLOGY PROVIDED THEREIN (collectively, the “AssistedLivingFacility.com system “), OR, IF YOU ARE A MEMBER, YOUR REGISTRATION AND UPLOADING OF INFORMATION ONTO THE ASSISTEDLIVINGFACILITY.COM SYSTEM , CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (the “Terms”). ASSISTEDLIVINGFACILITY.COM MAY MODIFY THE TERMS, AMPLIFY THE TERMS, AS WELL AS DISCONTINUE OR CHANGE SERVICES OFFERED AT ANY TIME. YOU MAY VIEW THE MOST UP-TO-DATE VERSION OF THE TERMS AT ANY TIME AT http://www.AssistedLivingFacility.com
You may not tamper with other accounts, commit unauthorized intrusion into any part of AssistedLivingFacility.com System or use the AssistedLivingFacility.com system to intrude into any other system . You may not use AssistedLivingFacility.com services not included in your listing agreement. Acts of interference, including but not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You agree to maintain your password to access the AssistedLivingFacility.com system confidential, not to share it with others and you shall not permit others to use the AssistedLivingFacility.com system through your password. You shall contact AssistedLivingFacility.com promptly if you suspect that the security of your password may have been compromised.
The AssistedLivingFacility.com system may contain links to other web sites (“Linked Sites”). The Linked Sites are not under AssistedLivingFacility.com’ control and AssistedLivingFacility.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AssistedLivingFacility.com is not responsible for webcasting or any other form of transmission received from any Linked Site. AssistedLivingFacility.com provides such links to you only as a convenience, and the inclusion of any link does not imply endorsement by AssistedLivingFacility.com of the Linked Site or any association with its operators.
Information obtained via the AssistedLivingFacility.com system is for your internal use only and may not be further disseminated, published or otherwise disclosed without AssistedLivingFacility.com’ prior written consent. As a condition of your use of the AssistedLivingFacility.com System , you represent, warrant and covenant to AssistedLivingFacility.com that you will not use the AssistedLivingFacility.com system for any purpose that is unlawful or prohibited by these Terms and that your use of the AssistedLivingFacility.com system shall not be for purposes of copying AssistedLivingFacility.com ‘ business model, system designs, content or for extracting information to create or provide a competing site or system . You may not use the AssistedLivingFacility.com system in any manner that could damage, disable, overburden, or impair the web site or interfere with any other party’s use and enjoyment of the AssistedLivingFacility.com System . You may not obtain or attempt to obtain any materials or information from the AssistedLivingFacility.com system through any means not expressly authorized by AssistedLivingFacility.com. AssistedLivingFacility.com may terminate your access to any or all of the AssistedLivingFacility.com system at any time without notice for any reason whatsoever.
USE OF SERVICES
The AssistedLivingFacility.com system may contain various types of e-mail, direct and other communications facilities designed to enable users to communicate and send requests for information and/or other messages or communications (collectively, “Services”). You agree to use the Services only to post, send and receive messages and material that are proper and related to the particular Service. By way of example, and not as a limitation, you agree that when using the Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Send messages that contain software or other material protected by intellectual laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
• Send messages that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Send messages that contain false or misleading information.
• Advertise, quote or offer to sell services that you do not have the ability to sell.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Receive without notifying AssistedLivingFacility.com any message sent by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Restrict or inhibit any other user from using and enjoying the Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Service.
• Harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
• Violate any applicable laws or regulations.
AssistedLivingFacility.com shall have no obligation to monitor the Services. However, AssistedLivingFacility.com reserves the right to review materials posted to the Service and to remove any materials in its sole discretion. AssistedLivingFacility.com reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever. AssistedLivingFacility.com further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials sent to the Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you received the materials.
You may not send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. You agree not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate these Terms. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e., “spamware”) and services which send unsolicited advertisements. You may not continue to send e-mail to a recipient if recipient has requested that you discontinue such communication. AssistedLivingFacility.com prohibits the transmission of e-mail that is false, misleading, harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding a user or site with large or numerous e-mail messages) is prohibited.
MATERIALS PROVIDED TO AssistedLivingFacility.com OR POSTED ON THE AssistedLivingFacility.com system
AssistedLivingFacility.com does not claim ownership of the materials provided to AssistedLivingFacility.com or posted, uploaded, inputted or submitted to the AssistedLivingFacility.com system (collectively “Submissions”). However, by registering, posting, uploading, inputting or submitting your Submission you are granting to AssistedLivingFacility.com and its sublicensees permission to use your information in connection with the operation of the AssistedLivingFacility.com system and its use by others including, without limitation, the rights to: publicly display, reformat your Submission, and publish your name in connection with your Submission on the AssistedLivingFacility.com web site and any other web sites to which AssistedLivingFacility.com provides content. No compensation will be paid with respect to the use of your Submission. AssistedLivingFacility.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the information.
You represent and warrant to AssistedLivingFacility.com that the information provided by you in your Membership listing form is true, complete and correct and you agree to update such information record periodically as needed. AssistedLivingFacility.com cannot accept payments from persons who are not at least eighteen (18) years of age.
Members registering to upload their information onto the AssistedLivingFacility.com system agree to the following additional terms and conditions:
• Each supplier hereby grants to AssistedLivingFacility.com a non-exclusive, royalty-free license, for as long as the Members listing with AssistedLivingFacility.com remains in effect, to display the Members listing and company contact information on the AssistedLivingFacility.com System , including the AssistedLivingFacility.com web site and other sites that AssistedLivingFacility.com may provide content. Each Member further authorizes AssistedLivingFacility.com to grant sublicenses to AssistedLivingFacility.com users or other users to access, search and use the Member’s information via the AssistedLivingFacility.com system pursuant to these Terms.
• Member’s not desiring to have their Submissions displayed on the AssistedLivingFacility.com system at web sites other than the AssistedLivingFacility.com web site may opt-out by notifying AssistedLivingFacility.com in writing via facsimile or e-mail.
• Members agree to maintain their data uploaded onto the AssistedLivingFacility.com system as current, both in terms of the content of the file and the frequency of the file uploads.
• Member shall, if applicable, clearly and accurately identify any info submitted for inclusion in the database that contain reproductions, either in whole or part, of another Member’s . Member will apply this clear and accurate identification to the applicable .
• Listing photos must be either of the actual listed, AssistedLivingFacility.com ‘s standard “No Photo Available” image or a stock photo. Any listing found to have other images will be edited at the discretion of AssistedLivingFacility.com system administrators. If a stock photo is used, it must be either noted on the image and/or within the description that the photo is not of the Members info but is a stock photo.
• AssistedLivingFacility.com shall have the right, exercisable in its sole and absolute discretion, to exclude portions of, and perform minor manipulations to, Member’s Submissions, including, for example, the elimination of certain data fields that do not materially impact the usefulness of the information provided.
USE OF ANY INFORMATION OBTAINED OR SERVICES PROVIDED VIA THE ASSISTEDLIVINGFACILITY.COM SYSTEM IS AT YOUR OWN RISK. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE ASSISTEDLIVINGFACILITY.COM SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASSISTEDLIVINGFACILITY.COM AND/OR ITS RESPECTIVE REPRESENTATIVE’S MAY MAKE CHANGES IN THE ASSISTEDLIVINGFACILITY.COM SYSTEM AT ANY TIME. INFORMATION RECEIVED VIA THE ASSISTEDLIVINGFACILITY.COM SYSTEM SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ASSISTEDLIVINGFACILITY.COM AND/OR ITS RESPECTIVE REPRESENTATIVE’S MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THE ASSISTEDLIVINGFACILITY.COM SYSTEM FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ASSISTEDLIVINGFACILITY.COM AND/OR ITS RESPECTIVE REPRESENTATIVE’S HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, PRODUCTS AND SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO INFORMATION GIVEN BY ASSISTEDLIVINGFACILITY.COM , ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY EITHER EXPRESSED OR IMPLIED.
IN NO EVENT SHALL ASSISTEDLIVINGFACILITY.COM AND/OR ITS REPRESENTATIVE’S BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ASSISTEDLIVINGFACILITY.COM SYSTEM , WITH THE DELAY OR INABILITY TO USE THE ASSISTEDLIVINGFACILITY.COM SYSTEM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASSISTEDLIVINGFACILITY.COM OR ANY OF ITS REPRESENTATIVE’S HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ASSISTEDLIVINGFACILITY.COM SYSTEM , OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ASSISTEDLIVINGFACILITY.COM SYSTEM .
You agree to defend, hold harmless, and expeditiously indemnify AssistedLivingFacility.com from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any covenant contained in these Terms, or resulting from your use of the AssistedLivingFacility.com System . You agree to hold AssistedLivingFacility.com harmless from any claims relating to any action taken by AssistedLivingFacility.com as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of Florida, U.S.A. You hereby consent to personal jurisdiction and venue in the courts located in Seminole County, Florida, U.S.A. in all disputes arising out of or relating to the use of the AssistedLivingFacility.com System . Use of the AssistedLivingFacility.com system is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AssistedLivingFacility.com as a result of your agreement with these Terms or use of the AssistedLivingFacility.com System . If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Terms as revised shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and AssistedLivingFacility.com with respect to the AssistedLivingFacility.com system and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AssistedLivingFacility.com with respect to the AssistedLivingFacility.com System . A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All contents of the AssistedLivingFacility.com system are: (c) Copyright 2012. AssistedLivingFacility.com and/or its suppliers. All rights reserved.
Any party seeking to report any violations of these Terms may contact AssistedLivingFacility.com via e-mail: webmaster webmaster@AssistedLivingFacility.com