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Terms and Conditions

Please read these Terms and Conditions of Use (“Terms of Use”) carefully. Your access to and use of this website, along with all other websites owned or operated by AdultCareMap.com (individually or collectively referred to as “Site” or “Sites”), as well as the services provided by AdultCareMap.com in connection with the Sites (including services related to senior housing and care marketing and information, referred to as “Services”), are subject to your acceptance of these Terms of Use without modification. By checking the box linked to these Terms or by accessing or using our Sites or Services, you acknowledge and agree to be bound by these Terms of Use and any terms incorporated by reference. If you do not agree to these Terms, you are not permitted to use the Sites or Services.

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO JURY TRIAL CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH ADULTCAREMAP.COM. PLEASE READ IT CAREFULLY.

The Sites and the Services are provided by AdultCareMap.com.

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 modify or update any part of the Terms of Use, the Sites, and/or the Services at any time. Should we make changes to these Terms of Use, we will notify you by updating the date at the top of the Terms, and in some cases, we may provide additional notice (such as placing a statement on our homepage or sending you a notification). By continuing to use the Sites and/or Services after changes or updates are posted, you agree to accept the revised Terms of Use. For this reason, we encourage you to periodically review the Terms of Use and related policies to stay informed about the terms governing your use of the Sites and Services. If you do not agree with the updated Terms, you must discontinue use of the Sites and/or Services immediately. Where notice is required by applicable law, you waive the right to such notice, except if you are a resident of Washington State or are using the Services within Washington State.

These Terms of Use do not modify or override any existing agreements you may have with AdultCareMap.com regarding services, products, or other matters. Your use of the Sites may also be governed by additional legal notices or terms and conditions specific to the Sites and/or Services (“Additional Terms”), which are applicable alongside these Terms of Use. If Additional Terms are relevant to the Services, they will be made available for your review either through your use of the Services or provided separately. Together, these Terms of Use and any applicable Additional Terms constitute a legally binding agreement between you and AdultCareMap.com regarding your access to and use of the Sites and/or Services. Please review them carefully. In the event of a conflict between these Terms of Use and the Additional Terms with respect to a particular Service, the Additional Terms will prevail.

To access and use the Sites and/or Services, you must meet the legal age requirement to enter into a binding contract and must not be restricted by the laws of your jurisdiction from using the Sites and/or Services.

AdultCareMap.com is a senior housing and care marketing and information service dedicated to assisting families in finding suitable senior housing and care solutions. Our services provide resources and personalized support tailored to a loved one’s specific needs and preferences, empowering families to make well-informed decisions. Options may include independent living, home care, residential care homes, assisted living, memory care, and skilled nursing. Based on the family’s stated needs and preferences, we offer information about contracted communities (“Participating Communities”) and share the family’s details with these communities. Families can explore comprehensive information about local and national Participating Communities and receive personalized, expert guidance over the phone from an AdultCareMap.com Senior Living Advisor. Our service is free for families, as Participating Communities pay a fee to AdultCareMap.com.

1) PARTICIPATING SENIOR HOUSING AND/OR CARE COMMUNITIES

Participating Communities are exclusively responsible for assessing, admitting (or declining), and providing care to all residents. This includes, but is not limited to, ensuring their staff are properly qualified, up-to-date on required training, and equipped with the facilities, resources, and tools necessary to deliver competent care and services. Each Participating Community is accountable for the conditions within its community and for the training, actions, and any omissions of its employees, contractors, vendors, and all other individuals working for or within the 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.

2) NO PROFESSIONAL ADVICE

All information, materials, content, and/or advice available on the Sites or provided through the Services are intended solely for informational purposes and are not a substitute for professional, financial, medical, legal, or other expert advice. AdultCareMap.com expressly disclaims, and you expressly release AdultCareMap.com from, any liability related to any treatment, actions taken, or effects on individuals based on the information provided through the Sites or Services. For matters requiring medical, legal, financial, or other professional expertise, you should seek advice from a qualified and licensed professional in the relevant field.

3) NO ENDORSEMENT; NO AFFILIATION; NOT A BROKER

We do not exercise independent judgment regarding the quality of any Participating Community, nor do we recommend or endorse any specific Participating Community. Our role is solely to provide an informational service and does not include (1) placing consumers in any Participating Community, (2) conducting medical assessments for consumers or Participating Communities, or (3) being involved in decisions about final selection or admittance. Additionally, we do not act as a representative or agent for either the consumer or the Participating Community and do not operate on behalf of either party. The responsibility for determining whether a potential resident is suitable for admission lies entirely with the Participating Community, the potential resident, and/or their family, care providers, or other involved parties. AdultCareMap.com does not broker, sell, or lease space directly and is not a party to any agreements or transactions between providers and families.

4) PRIVACY AND CONSENT TO COMMUNICATIONS

Your privacy is important to us, and we encourage you to review our Privacy Policy, which explains how we collect, use, and manage your personal information when you use our Sites or Services. By submitting forms on our Sites or sharing information with us, you explicitly consent to being contacted by us and/or Participating Communities via phone, mobile phone, email, mail, or other methods. If you are a current or potential customer of our Services, you authorize us to share the information you provide, along with related details we may receive from third parties, with Participating Communities to facilitate the provision of Services. This authorization remains in effect until you withdraw your consent by requesting that we stop providing Services. However, we may continue to reference and/or disclose your information when communicating with Participating Communities as necessary for routine business operations, such as billing matters, until such processes are fully resolved.

5) RECORDED TELEPHONE COMMUNICATIONS

Telephone communications between You and AdultCareMap.com may be recorded or monitored for quality control purposes. You expressly consent to AdultCareMap.com recording and monitoring these telephone communications.

6) CONSENT TO AUTOMATIC TELEPHONE DIALING SYSTEM

By providing your telephone number, you agree to be contacted by AdultCareMap.com and our senior living customers at the number you provided. You acknowledge that we and our senior living customers may use automated telephone dialing systems or similar technology to contact you via call or text message, even if your number is registered on a Do Not Call list. However, your consent to receive such automated communications is not a condition for using our Services.

7) USE OF SITES; LIMITED LICENSE

You are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Sites and the content, data, information, and materials included therein (collectively, the “Site Materials”) for your personal use only, and subject to the terms and conditions outlined in these Terms of Use. You agree not to use the Sites or Site Materials for any purpose other than their intended use, nor in any unlawful manner or in a way that harms AdultCareMap.com. Any unauthorized use of the Sites or Site Materials beyond what is explicitly permitted in these Terms is strictly prohibited and will result in the immediate termination of this license. Unauthorized use may also breach applicable laws, including but not limited to copyright, trademark, and communications regulations and statutes. Except as explicitly stated, these Terms do not grant any license to intellectual property rights by implication, estoppel, or otherwise. AdultCareMap.com reserves the right to revoke this license at any time.

8) 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 any commercial purposes.
  • Conducting or promoting illegal activities while using the Sites or Services.
  • Uploading, attempting to upload, or transferring any harmful or malicious software, such as viruses, worms, Trojan horses, or other harmful code, that could damage the Sites, AdultCareMap.com’s systems, or data.
  • Interfering with the proper functioning of the Sites, including actions that harm, disable, or significantly slow them, or disrupting servers or networks connected to the Sites by disobeying their rules and policies.
  • Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, or using the Sites’ content on other websites or services.
  • Engaging in practices like “screen scraping,” “database scraping,” “data mining,” or similar activities to obtain user lists or other information, or using web bots for these purposes.
  • Attempting to reverse-engineer or disrupt the Sites’ functionality, including efforts to access the source code of its software or gain unauthorized access to secure areas.
  • Circumventing or attempting to bypass security measures, including encryption algorithms, passwords, or other protective mechanisms, implemented by AdultCareMap.com.
  • Using the Sites or Services to generate or send unsolicited email advertisements or spam, including supporting mass unsolicited communications.
  • Stalking, harassing, or harming another individual through the Sites or Services.
  • Impersonating any individual or entity, or misrepresenting your affiliation with someone else.
  • Uploading, sharing, or distributing content that could be harmful to minors.
  • Mirroring or framing the Sites, using pop-ups to obscure its pages, or otherwise altering the display of its content.
  • Engaging in any activity that is unlawful or otherwise harms AdultCareMap.com.

9) INTELLECTUAL PROPERTY OWNERSHIP

All trademarks, service marks, and trade names are the property of AdultCareMap.com and its licensors. All rights, titles, and interests in and to the Sites, including the content, materials, trademarks, and other intellectual property contained within, are exclusively owned by AdultCareMap.com and its licensors. The AdultCareMap.com name, along with any products, services, slogans, or logos mentioned on the Sites, are either trademarks or registered trademarks of AdultCareMap.com in the United States and/or other countries. Any references to third-party companies and products on the Sites may include trademarks owned by their respective holders. All rights not explicitly granted herein are reserved.

10) ACCOUNT SECURITY

Certain sections of the Sites may require you to use a password and user identification to access specific features or services. By using these sections, you agree to comply with these Terms of Use and accept responsibility for all activities conducted under your user identification. It is your responsibility to maintain the confidentiality and security of your password and account information.

11) HYPERLINKS TO EXTERNAL WEBSITES

The Sites may include links to external websites (“External Web Sites”) provided solely for your convenience. AdultCareMap.com does not control these External Web Sites and is not responsible for their content or for any links they may contain. The inclusion of these links does not constitute an endorsement of any third party, including Participating Communities, or their goods and services. AdultCareMap.com makes no claims or representations about the quality, content, nature, or reliability of any External Web Sites and accepts no responsibility for them.

When you leave the Site, please be aware that our Terms of Use and Privacy Policy no longer apply. You should review the terms, policies, and practices, including privacy and data gathering, of any External Web Sites you navigate to. Your use of and interactions with the owners or operators of these External Web Sites are at your own risk, and you agree not to hold AdultCareMap.com liable for any issues arising from your use of these External Web Sites.

12) THIRD-PARTY PRODUCTS AND SERVICES

The Sites may feature advertisements, promotions, links, or referrals to third-party products or services, including those offered by Participating Communities (“Third Party Products and Services”).

AdultCareMap.com does not guarantee the accuracy, currency, quality, or suitability of information related to Third Party Products and Services. We are not responsible for any unintended, misleading, objectionable, or unlawful content provided by Third Party Products and Services. Because we have no control over these services, we assume no liability for any loss or damage resulting from your interactions or dealings with these third parties. Your use of Third Party Products and Services is at your own risk.

All dealings, correspondence, or participation in promotions of Third Party Products and Services, including any associated terms, warranties, or representations, are solely between you and the third party. It is your responsibility to investigate and use independent judgment to evaluate the quality, reputation, and suitability of any Third Party Products and Services found on or through the Sites.

13) PUBLIC AREAS AND SUBMISSIONS

If you participate in any “Public Area” on the Sites, such as forums, message boards, or other community spaces, additional terms and conditions apply to you.

You agree that any materials you provide, including questions, comments, suggestions, ideas, plans, drawings, or other information regarding AdultCareMap.com, the Sites, or the Services, whether submitted through email, written communication, oral communication, or posted on the Sites (“Submissions”), are non-confidential. By submitting these materials, you grant AdultCareMap.com a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, distribute, display, reproduce, publish, and post your Submission and any name, username, or likeness you provide in connection with your Submission across all media formats and channels, without compensation.

You understand that any Submissions you share on the Sites or Services may be visible to others. By providing a Submission, you warrant that it does not:

  • Encourage or involve conduct that constitutes a criminal offense, leads to civil liability, or violates any law, including messages that are threatening, libelous, defamatory, obscene, vulgar, or otherwise inappropriate.
  • Infringe upon the rights of others, such as privacy, publicity, copyright, or trademark rights, without obtaining the necessary permissions.
  • Contain harmful material, such as viruses or other destructive components.
  • Violate any laws, including but not limited to those regarding misrepresentation, fraud, anti-discrimination, or false advertising.

Additional terms may apply when using Public Areas, forums, message boards, or other community spaces provided on the Sites. It is your responsibility to ensure compliance with these guidelines.

14) DISCLAIMER

The Sites, including all Site Materials (and any third-party content), as well as all links, information, materials, evaluations, recommendations, services, and products provided on or through the Sites, are offered on an “as is” basis without any warranties, express or implied. By using the Sites and the Materials, you acknowledge and agree that you do so at your own risk.

AdultCareMap.com and its associated parties (including affiliates, successors, officers, directors, shareholders, personal representatives, agents, and employees) expressly disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement related to the Sites, the Site Materials, links, information, services, and products made available on or through the Sites or Services.

AdultCareMap.com does not assume responsibility for any products or services offered by, or the conduct of, any third party or their agents or employees, including but not limited to any Participating Community or other senior housing or healthcare provider, whether services are provided offline or online. Even if AdultCareMap.com has introduced you to a third party, it does not guarantee or warrant their products, services, or behavior.

No oral or written communication from AdultCareMap.com or any other party can alter or modify this disclaimer. Furthermore, AdultCareMap.com explicitly disclaims any guarantees or representations that the materials on the Sites are accurate, complete, reliable, current, or free from errors. While efforts are made to ensure a secure and virus-free experience, AdultCareMap.com does not warrant or guarantee that the Sites or their servers are free of viruses or harmful components.

Under no circumstances shall AdultCareMap.com be held liable for any products, services, content, or information offered through the Sites or otherwise provided by or on behalf of AdultCareMap.com.

15) LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, AdultCareMap.com and its associated parties will not be liable for any special, punitive, exemplary, incidental, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, profits, data, or other information, business interruption, or any other monetary or non-monetary losses. This applies to any damages arising from or related to the Sites and/or Services, any acts or omissions by us in connection with the Sites and/or Services, or otherwise related to the Sites and/or Services. These limitations apply regardless of the legal theory under which the claim is made, including tort, strict liability, breach of contract, or breach of warranty, even if AdultCareMap.com or its associated parties were advised of the possibility of such damages.

The above limitations, exclusions, and disclaimers apply to the maximum extent permitted by law, even if a remedy fails its essential purpose. To the fullest extent permitted by law, the aggregate liability of AdultCareMap.com and its associated parties for any claims related to the use or inability to use the Sites or Services, whether arising from contract, warranty, tort (including negligence), or any other legal theory, shall not exceed the greater of USD $50.00 or the amount you paid, if any, to AdultCareMap.com for access to or use of the Sites and/or Services.

These limitations do not apply to liability arising from gross negligence, fraud, intentional misconduct, or reckless actions by AdultCareMap.com or its associated parties. Additionally, some jurisdictions, such as Washington State, may not allow the exclusion or limitation of consequential or indirect damages, so these limitations may not apply to you.

16) INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless AdultCareMap.com and its associated parties from any claims or demands, including reasonable attorneys’ fees, arising from your use of the Sites and/or Services, your violation of these Terms of Use, or any infringement by you of intellectual property or other rights belonging to any person or entity.

17) 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.

18) 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.

19) GOVERNING LAW AND FORUM SELECTION

Any dispute arising from your use of the Site or Services will be governed by, construed, and enforced in accordance with the laws of the State of California, except where preempted by U.S. federal law, and without regard to any conflict of law principles (whether of California or another jurisdiction) that would require the application of laws from another jurisdiction. Any disputes not subject to arbitration or small claims court jurisdiction will be resolved exclusively in the state or federal courts located in Solano County, California.

20) CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION, CLASS WAIVER, AND JURY TRIAL WAIVER

Please read the following important section carefully.

Except for small claims disputes or claims involving intellectual property, both you and we waive the right to a jury trial and to resolve disputes in court. Instead, any disputes related to the Sites or Services must be submitted to binding arbitration administered by JAMS, governed by the Federal Arbitration Act and federal arbitration law. The latest version of the JAMS Rules, available at www.jamsadr.com/rules-download, is incorporated by reference into this agreement.

You and we agree that disputes will be resolved on an individual basis only and not through class arbitration, class actions, or other representative proceedings.

Arbitration Fees

  • If you initiate arbitration, you will be responsible for the filing fee, and each party will pay their respective JAMS fees.
  • If we initiate arbitration, we will cover all JAMS fees and costs.
  • You are entitled to request an in-person hearing in your hometown area.

Opting Out of Arbitration

You may opt out of binding arbitration within 30 days of accepting these terms by sending an email to info@AdultCareMap.com. The opt-out notice must include your full name, address, and a clear statement of your intent to opt out of arbitration. Opting out means disputes will be resolved under the “Governing Law and Forum Selection” section.

Severability

If any part of this arbitration agreement is deemed unenforceable or unlawful:

  1. That provision will be severed, and the remaining parts of this section will remain enforceable.
  2. Claims requiring class, collective, consolidated, or representative actions must proceed in civil court and not arbitration, with litigation stayed pending resolution of individual claims in arbitration.
  3. If a provision prohibits an individual claim for public injunctive relief, it will not affect the enforcement of the rest of this section, and such claims may proceed outside arbitration to the extent allowed by law.

This ensures that arbitration remains enforceable and effective to the fullest extent permitted by applicable law.

21) COPYRIGHT INFRINGEMENT NOTICES & DMCA NOTICES

If you believe in good faith that material hosted by us infringes your copyright, you or your authorized agent may submit a written notice with the following information. Please ensure your notice is complete and accurate, as incomplete submissions will not be processed. Be aware that any misrepresentations regarding alleged infringement may result in liability for damages.

  1. Identification of the copyrighted work: Clearly specify the copyrighted work that you believe has been infringed.
  2. Identification of the infringing material: Provide a clear description of the material you claim is infringing, such as a direct link to the infringing content on the Website.
  3. Contact information: Include your full address, email address, and telephone number.
  4. Good faith statement: Include a statement affirming your good faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
  5. Accuracy and authorization statement: Add a statement asserting that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner of the allegedly infringed exclusive right.
  6. Authorized signature: Sign the notice, either physically or electronically, as the person authorized to act on behalf of the copyright owner.

By providing this information, your notice will comply with the legal requirements for copyright infringement claims.

You may send your notice by using the contact information below:

AdultCareMap.com
Attn: Legal Department
200 Prairie Court Unit 492
Vacaville, CA 95696
Email: info@AdultCareMap.com

22) GENERAL TERMS

If any provision of these Terms of Use is found to be invalid or unenforceable under applicable law, that provision will be replaced with a valid and enforceable provision that closely aligns with the original intent, and the remainder of the Terms of Use will remain in full force and effect. You are not permitted to assign, transfer, or sublicense the Terms of Use or any rights you may have concerning the Sites. Except as expressly provided in these Terms, they represent the complete and exclusive agreement between you and AdultCareMap.com regarding the Sites.

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