“Personal Information” means personal and personally identifiable information you place, post, or make on the Site about yourself. “Personal Information” includes all information about a person, including but not limited to name, email address, telephone number, physical address, gender, age, photographs or other images, housing interests, payment methods and any other personally identifiable or biographical information.
When you use the Site, you may provide us with Personal Information you knowingly choose to disclose.
By using the Site, you are consenting to have your personal data transferred to and processed in the United States.
HFS will use your Personal Information (including your name and email address) to inform you of offers and services we think would be enjoyable or valuable to you. You may opt out of such emails, but HFS reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
HFS may also use your Personal Information to provide information or services to you, to answer your questions and to communicate with you about HFS’s services or the Site.
In all situations discussed in this section in which HFS may disclose your Personal Information to third parties, HFS may do so by selling your Personal Information, renting your Personal Information or otherwise exchanging your Personal Information for value and consideration.
HFS may disclose your Personal Information to third parties. One purpose for doing so is to personalize advertisements and promotions of HFS or third-party partners of HFS.
HFS may disclose your Personal Information to third-party housing providers, organizations, communities, and other business associates to be used in their outreach and promotional efforts.
HFS may provide your Personal Information to third-party marketers and service providers. HFS does this when we believe such sharing is reasonably necessary to offer HFS’s services; legally required; or permitted by you. Specifically, HFS may use third parties to facilitate its business, including hosting the Site at a co-location facility, sending email updates about the Site or to process payments for products or services. In these instances, our third-party service providers may have access to your Personal Information. When HFS provides your Personal Information to third-party service providers, we implement reasonable contractual and technical protections limiting the use of that Information for the specified purposes.
HFS may supply your Personal Information to data aggregators and marketers for the purpose of sending email or otherwise communicating with you.
HFS may be required to disclose Personal Information to a third party in response to lawful requests (such as subpoenas or court orders) or in compliance with laws or regulations. Additionally, HFS may share your Personal Information with a third party when HFS believes it is necessary to comply with law, to protect HFS’s property, to prevent fraud or other illegal activity. This may include sharing information with other companies, lawyers, law enforcement officials and other government agencies.
HFS may provide services jointly with other companies on the Site. HFS may share your Personal Information with such companies in connection with the services.
If the ownership of HFS or all or substantially all of HFS’s business changes hands (by sale, merger or otherwise), your Personal Information may be transferred to the third-party acquirer
In the event HFS becomes the subject of a bankruptcy proceeding, whether voluntary or involuntary, HFS, or our trustee in bankruptcy, may sell, license or otherwise dispose of your Personal Information in a transaction approved by the bankruptcy court.
HFS may use check boxes (or comparable means) to confirm your consent to receive special offers and/or other information from HFS and other third-party partners of HFS. By checking such boxes or leaving a box checked, you are choosing to receive commercial communications from HFS and third-party partners of HFS, and you will be consenting to HFS providing your Personal Information to those third parties, and you may receive information and offers from HFS and third-party partners of HFS by e-mail, U.S. mail or other means.
You may opt out of receiving future commercial communications from HFS or third parties either (i) by following the instructions located at the bottom of an e-mail, (ii) by sending a request to us by email to info <at> housingforseniors <dot> com. Please note that opting out using these means will not affect your previous consent to receive communications from HFS’s third-party partners or to have your Personal Information disclosed to a third party for the purpose of displaying your Personal Information on their websites.
HFS cannot control the actions of its third-party partners, which operate independently of HFS.
The Site may contain links to other websites. HFS is not responsible for the privacy practices of other web sites, including those linked-to from the Site. We encourage you to be aware when you leave the Site to read the privacy statements of any linked websites that you visit.
Deleted Personal Information may remain in backup copies for a reasonable period of time but will not be generally available on the Site.
HFS routinely gathers information about the use of the Site by all users collectively. HFS’s server logs provide us with information such as what pages are being visited most, what domains our visitors are coming from, when our Site is busiest, and what websites are referring users to us. This information helps us to improve our services and to evaluate our marketing efforts. We typically use such data anonymously and aggregately, and this information may be shared with third parties in the aggregate.
HFS takes appropriate precautions to protect your Personal Information. Your Personal Information is located on a secured server behind a firewall. When you enter certain sensitive information (such as credit card number or your password), we (or in the case of credit card information, our data-secure e-commerce partner) encrypt that information using secure socket layer technology (SSL). Please be aware that email is not recognized as a secure communication. HFS requests that you not send sensitive private information to us by email.
HFS is not responsible for circumvention of any privacy settings or security measures contained on the Site.
HFS does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to use the Site or register on the Site. If you are under 13, please do not use the Site or attempt to register on the Site or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any Personal Information to or on the Site. If HFS learns that we have Personal Information of a child under age 13, we will delete that information as quickly as possible. If you believe that we might have Personal Information from or about a child under 13, please contact us by email to info <at> housingforseniors <dot> com (use standard email format).
HFS recommends that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.
Your use and access of the HousingforSeniors.com website (the “Site”) constitutes acceptance of this agreement and creates a binding legal contract.
1. Legal Agreement
“Member” means someone who has either: (a) created a user account on the Site; (b) completed a Request for Information (“RFI”) form related to one or more housing providers, communities, or organizations. Members cannot be under the age of 13. By entering into this Agreement, you represent and warrant that (i) you, the prospective Member, are at least 18 years old; or (ii) you are the parent or legal guardian of a prospective Member who is between the ages of 13 and 18 and that you are entering this Agreement on behalf of that prospective Member. Members cannot be under the age of 13, and RS has the right to terminate a Member’s registration if RS has reason to believe that Member is under 13.
“Visitor” means a user of the Site who is not a registered Member (i.e., someone who is browsing the Site). Visitors also agree to be bound by this Agreement as if they are Members. If you are a Visitor and do not agree with this Agreement, you should leave the Site immediately.
Each Member agrees that you have the right, authority and capacity to agree to and abide by this Agreement, and you also represent and warrant that you will use the Site in a manner consistent with all laws and regulations.
“Personal Information” means (i) information about a Member provided to RS by a Member either through setting up a Member account or completing an RFI. “Personal Information” includes all information about a person, including but not limited to name, email address, telephone number, physical address, gender, age, photographs or other images, housing interests, payment methods and any other personally identifiable or biographical information.
3. Content and Licenses
“Content” means any work of authorship or other form of expression made or placed on the Site by a Member, including but not limited to text, ideas, comments, feedback, images, photographs, graphics, videos, information and data.
Member grants to RS a royalty-free, worldwide license to copy, display, render, perform, create derivative works from, sublicense, distribute, transmit, store, and otherwise use Member’s Content (in any form, media, or technology now known or later developed) for all purposes associated with the operation of the Site and RS’s business. These licenses survive termination of this Agreement.
Member represents and warrants that Member’s own Content placed on the Site by Member and that such Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
4. The HFS Site and Features
The Site provides those interested in seniors housing for themselves or others with objective information for evaluating housing options in the US and Canada. The Site incorporates a range of options for housing such as retirement communities, independent living, alzheimer’s care, assisted living, skilled nursing, home care, and other services and amenities offering through a senior housing providers. The Site affords Members the opportunity to search through the data on housing options using search tools and data filtering tools.
RS built the Site Tools with the assistance of industry leaders, but these technologies are merely speculative tools intended to provide directional advice to Members. Member should not rely on these tools without also considering other, personal advice and consultation and the use of other sources.
RS does not warrant that the Site (including the Site Tools) will provide accurate information or results; perform in a particular manner; serve a particular purpose; or provide any particular results. Member agrees that RS is not liable to Member for losses, damages or claims relating to the content or functionality of the Site Tools.
5. Site IP and Ownership
“Site IP” means any trademark, work of authorship or other form of expression and any other matter subject to intellectual property laws or regulations (including but not limited to HTML code, text, graphics, photographs, images, scripts, sounds, music, videos, interactive features, audio clips, digital downloads, logos, button icons, data, software and compilations of one or more of them) that are on the Site and that were not placed/uploaded to the Site by a Member.
Site IP is either owned or licensed by RS. Member agrees that, as between a Member and RS, all Site IP is the exclusive, worldwide property of RS. RS reserves all rights with respect to Site IP, and Member agrees to not copy, display, transmit, sell, publicly perform, publish, distribute, use or make derivative works of Site IP for any purpose other than Member’s personal, non-commercial use of the Site. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Member will not at any time take any action or make any omission that challenges, diminishes, or threatens RS’s exclusive, worldwide rights in and ownership of the Site IP. Member acquires no right, title, or interest in or to the Site IP by virtue of this Agreement or otherwise.
6. Member’s Representations and Warranties and Rules for Member’s Conduct
By uploading Content to the Site such as in the Q&A section, each Member represents and warrants, at all times, that the Content placed on the Site by the Member:
RS reserves the right to remove Content that, in RS’s sole discretion, violates the representations and warranties above or otherwise violates this Agreement.
Member agrees not to circumvent, disable, reverse engineer, or otherwise interfere with the Site, security features of the Site, or features of the Site that prevent or restrict use or copying of any Content. Member agrees not to violate or attempt to violate the security of the Site, including, without limitation the following activities: (a) logging into a server or account which the Member is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any Member, host or network, including, without limitation, via means of submitting a virus to, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or other posting.
If RS is the subject of any claim, allegation, demand, cause of action, suit, or other proceeding based on something Member did in violation of this Agreement and/or based on Content placed on the Site by Member, Member agrees to indemnify RS (including its officers, employees, directors, shareholders and agents) for all damages, attorneys’ fees, losses, and costs assessed against or incurred by RS (or them).
7. Use of Personal Information
It is critical that your Personal Information is accurate. If your Personal Information changes, Member agrees to promptly update Member’s Personal Information. It is Member’s responsibility to update all of your current Personal Information.
Member will have the opportunity to select a Member ID and password. Member is solely responsible in all respects for maintaining the confidentiality and security of Member’s Member ID and Password. Member is solely responsible for the activity and Content that occurs under or is placed on the Site under the guise of Member’s Member ID.
RS may refuse to grant Member or require Member to change his/her Member ID or password if either impersonates someone else, is protected by trademark or other law, is vulgar or otherwise offensive, or for any other reason, at RS’s discretion.
Member agrees to notify RS immediately of any unauthorized use of Member’s Personal Information, Member ID, password or other registration or user account information.
RS reserves the right to offer third-party services and products to Members based on preferences that Members identify as part of registration and at other times. RS does not provide or make any representation or warranty as to the quality or nature of any of the third-party products or services made available through the Site or that are made available by a third-party.
If Member wishes to opt out of receiving such solicitations, Member must email RS at info <at> housingforseniors <dot> com with Member’s request.
8. Performance of the Site
Technical, maintenance and other issues may make the Site unavailable or inoperative from time to time. RS makes no commitment, warranty or guarantee that the Site will (i) operate in a timely, uninterrupted or error-free manner, or (ii) meet a Member’s particular purposes. RS may also, in its sole discretion, modify the features, availability, operation and/or look and feel of the Site from time to time without notice to Member.
Because computers and other equipment are subject to occasional malfunction, Member agrees that Member will not hold RS responsible for any inadvertent damage to, corruption of or destruction of Content.
Because user authentication on the Internet is difficult, RS cannot and does not confirm that each Member is who he or she claims to be. RS is not and will not be involved in Member-to-Member dealings or control the behavior of Members. If you have a dispute with a Member, you release RS (and RS’s officers, employees, agents and successors) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Changes are periodically made to the Site and may be made at any time, and the Site may contain typographical errors and inaccuracies. Member acknowledges and agrees that Member is solely responsible for Member’s reliance on information or content on the Site.
RS does not and cannot guarantee and does not and cannot promise any results from use of the Site. No advice or information, whether oral or written, obtained by a Member from RS or through or from the Site shall create any warranty not expressly stated herein.
9. RS’s Disclaimers of Warranties and Limitations on RS’s Liability
RS DOES NOT WARRANT THAT ANY THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RS IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND ALL SERVICES PROVIDED BY RS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. RS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR RS’S SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT WILL RS OR ITS AFFILIATES OR EMPLOYEES, AGENTS, OFFICERS, OR SHAREHOLDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT OR MATERIALS THEREIN (INCLUDING THE SITE TOOLS), WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF RS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL RS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by RS of the content on such third-party websites. RS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.
By using the Site to search for or link to third-party websites, Member understands and agrees that Member may not make any claim against RS for any damages or losses, whatsoever, resulting from Member’s use of the Site to obtain search results or to link to third-party websites.
Some of the third-party websites accessible via the Site will request that you provide your Personal Information directly on the third-party websites (i.e., the Personal Information is not being provided to RS but, instead, to the owners of the third-party websites).
If Member is a California resident, Member waives California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10. Term of this Agreement
This Agreement will remain in full force and effect while you are a Member of the Site. RS reserves the right, at its sole discretion, to terminate a Member’s registration with or a Member’s ability to access the Site upon any breach of this Agreement or if RS is unable to verify or authenticate any information a Member submits to the Site. Even after you are no longer a Member, certain provisions of this Agreement will remain in effect.
11. Amendments and Updates to this Agreement
RS may, in its sole discretion, change the terms in this Agreement from time to time. When the terms are changed, RS may (but is not obligated to) notify Members of the change(s) and make a posting on the Site regarding the change(s). Each Member agrees to review this Agreement from time to time. If a Member uses the Site after RS has posted a revised or updated version of this Agreement on the Site, Member agrees to be bound by all of the changes and hereby accepts any and all such revised versions of this Agreement.
12. Digital Millennium Copyright Act
If you are a copyright owner or an agent of a copyright owner and believe that any Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing RS’s Copyright Agent with the following information in writing (please consult your counsel and see 17 U.S.C 512(c)(3) for further detail):
RS’s designated Copyright Agent to receive notifications of claimed infringement is and such written notice should be sent to RS’s designated Copyright Agent as follows:
100 N. Green Valley Parkway
Henderson, NV 89074
Email: info <at>housingforseniors<dot> com (substitute appropriate symbols for “at” and “dot”)
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to RS’s customer service staff.
You acknowledge that if you fail to comply with all of the requirements of this section of the Agreement, your DMCA notice may not be valid.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, (i) please consult your counsel and see 17 U.S.C 512; and (ii) you may send a counter notice containing the following information to RS’s Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New Braunfels, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notice is received by RS’s Copyright Agent, RS may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the purported copyright owner files an action seeking a court order against the Member who uploaded the objectionable Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at RS’s sole discretion.
This Agreement cannot be amended except as specifically set forth in the Amendments section above. This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by Member, but they may be assigned by RS without restriction. No rights provided by this Agreement are lost or diminished because of lack of use of such rights. This Agreement constitutes the entire agreement between Member and RS concerning the subject matter of this Agreement, and it supersedes and replaces any and all prior negotiations, communications, or proposed agreements, written or oral.
By using the Site and/or completing the registration process and becoming a Member, Member confirms that Member has the full power and authority to enter into and perform this Agreement. Member also agrees that this Agreement is a legal, valid, and binding contract, and that its terms and conditions can be enforced by RS. RS encourages you to print and keep a copy for your reference and to seek the advice of counsel regarding this Agreement.
Every provision of this Agreement is intended to be severable. If any portion of this Agreement is found to be invalid or unenforceable, then such portion will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Texas without regard to its “choice of law” provisions.
The Member and RS agree that any dispute involving this Agreement that cannot be settled by good-faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be New Braunfels, Texas. The arbitration shall be conducted by a single arbitrator with significant experience in the area of copyright law and other significant subject matter of the dispute. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction. If anything happens that is beyond reasonable control of either party (including wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. RS shall not be responsible or liable for any delay caused by the occurrence of such event.
Neither this Agreement nor a Member’s participation on and contributions to the Site, including the placement of Content on the Site, creates an agency, employee, legal representative, partner, fiduciary, special, or joint venture relationship between Member and RS.
This Agreement inures to the benefit of and applies to the Member’s and RS’s successors, assigns, heirs, divisions, subsidiaries, and employees.