Helping Families and Individuals find the right Senior living options
UPDATED APRIL 2019
Seniorly is a senior living information portal that lists senior living and care services. Seniorly also provides software to local placement agents and senior housing communities including an online payments solution for paying for rent and services. Seniorly works with independent living, residential care homes, assisted living, memory care and skilled nursing facilities (“Participating Communities”). Seniorly also works with local placement agents and geriatric care managers to assist families in person or over the phone (“Partner Agents”). Based on the family's stated needs and preferences, we provide the family with information about contracted communities and we forward the family's information to those Participating Communities or Partner Agents. Families can review detailed information about local and national Participating Communities, and get personalized, knowledgeable assistance by telephone or in-person from a local Partner Agent. The service is offered at no charge to families as the Participating Communities pay a fee to Seniorly or its Partner Agents.
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 whether referred from Seniorly or a Partner Agent. 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.
We do not ensure the accuracy of any of the information posted by and/or for the Participating Community on the Site, 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 Site. By using the Site and/or Services, you assume all associated risks.
NO ENDORSEMENT; NO AFFILIATION; NOT A BROKER
We, and Partner Agent, 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 Site 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. Seniorly expressly disclaims, and you expressly release Seniorly 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 Site and/or Services. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice.
2. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Seniorly to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Seniorly may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies.
PRIVACY AND CONSENT TO COMMUNICATIONS
RECORDED TELEPHONE COMMUNICATIONS
Telephone communications between You and Seniorly may be recorded or monitored for quality control purposes. By filling out any forms on the Sites or by providing information to us, you expressly consent to the recording of these telephone communications.
USE OF SITES; LIMITED LICENSE
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, Seniorly'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 Seniorly 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 Seniorly.
INTELLECTUAL PROPERTY OWNERSHIP
All trademarks, service marks, and trade names are proprietary to Seniorly and our licensors. All rights, title, and interests in and to the Site, including content, materials, trademarks and other intellectual property contained in the Site, vest solely in Seniorly and its licensors. The Seniorly name, and any Seniorly products and services, slogans or logos referenced herein on the Site are either trademarks or registered trademarks of Seniorly 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.
On certain portions of the Site, you will be provided with a password and user identification to use the Site. 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.
THIRD PARTY & LINKED SERVICES
The Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Seniorly’s control (each, a “Third-Party Provider”). The Site may a;sp provide links to external Websites ("External WebSites"). We provide these links to External Websites for your convenience only. We do not control such External Websites; therefore, Seniorly 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 Websites does not imply any endorsement of any such third party who advertises their goods or services through the Site (including Participating Communities and Partner Agents). We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of External Websites.
Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
COPYRIGHT INFRINGEMENT NOTICES & DMCA NOTICES
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.
A clear identification of the copyrighted work you claim was infringed
A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
Your address, email address and telephone number.
A statement that you have a ''good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.''
A statement that ''the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed''
A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send your notice by email to email@example.com or the address below
Seniorly, P.O. Box 26804, San Francisco, California 94108. Email Address: firstname.lastname@example.org. Telephone number: (415) 570-4370
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 SITE 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. SENIORLY 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 SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE AND/OR SERVICES. IN ADDITION, SENIORLY 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, PARTNER AGENT, OR OTHER HEALTH CARE AND/OR ANY OTHER SENIOR HOUSING AND CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM SENIORLY OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. SENIORLY 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 PROVIDE YOU ACCESS SAFE FROM VIRUSES, SENIORLY 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 SENIORLY 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 SENIORLY. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENIORLY 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 SITE AND/OR SERVICES, OUR ACTS OR OMMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITE AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITE 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 DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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.
CHOICE OF LAW
CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION
CONSENT TO COMMUNICATIONS
The Services are offered by Seniorly and its affiliates, located at 155 Montgomery Street, Suite 501, San Francisco, CA 94104. You may contact Seniorly by sending correspondence to that address or emailing email@example.com.