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The following terms and conditions (the "Terms and Conditions") govern your use of this website, and any content made available from or through this website, including any subdomains (the "Website"). The Website is owned, operated and made available by SeniorConnection, Inc., a Delaware corporation ("SeniorConnection"). SeniorConnection reserves the right, at its sole discretion, to change, modify, add, or delete portions of the Terms and Conditions at any time without notice to you, by posting such changes to the Website. By using the Website, you accept and agree to these Terms and Conditions as applied to your use of the Website. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SENIORCONNECTION. PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND OUTLINE THE PROCESS BY WHICH ANY DISPUTES WILL BE RESOLVED. THESE TERMS AND CONDITIONS ALSO SET FORTH THE IMPORTANT LIMITATIONS AND EXCLUSIONS WHICH APPLY TO YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
As between you and SeniorConnection, SeniorConnection owns, solely and exclusively, all rights, title and interest in and to the Website, all the content, code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein, except for the content, code, data and materials provided by third-party providers under contract with SeniorConnection (the "Content"). Your use of the Website does not grant to you any rights, title or interest in and to the Content you may access on or through the Website. Modification or use of the Content except as expressly provided in these Terms and Conditions violates SeniorConnection's intellectual property rights.
Any commercial or promotional distribution, publishing or exploitation of the Website, or any of its Content, is strictly prohibited unless you have received the express prior written consent from authorized personnel of SeniorConnection or the otherwise applicable rights holder. Other than as expressly permitted herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, transfer, create derivative works from, sell or otherwise exploit any of the Content on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary Content. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted Content from or through the Website. If you make other use of the Website, or the Content available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Website's Content or use, redistribute, republish or exploit such Content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. Further, you shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, Content or information through any means; (iii) use the Website or its services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website, its Content or services; (iv) use the Website, its Content or services in violation ofSeniorConnection's or any third party's intellectual property or other proprietary or legal rights; or (v) use the Website or its services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, its Content or services, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or any of its services.
SeniorConnection does not have control over the quality, pricing, timing, or legality of the services actually delivered by the facilities listed on the Website (the "Facilities"), nor of the integrity, responsibility or actions of the Facilities. We do not refer or recommend any of the Facilities nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by the Facilities or the integrity, responsibility or actions of the Facilities whether in public, private or offline interactions. To the best of SeniorConnection's knowledge, all listings posted by the Facilities on the Website are for available units at such facility. In no event will SeniorConnection be held responsible for any claim for misinformation should a listing posted on the Website no longer be available or the pricing of such listing change.
This Website contains links to other thirty party websites (the "Linked Websites"). You acknowledge and agree that SeniorConnection has no responsibility for the information, content, products, services, advertising, pricing, code or other materials which may or may not be provided by or through the Linked Websites. Links to the Linked Websites do not constitute an endorsement or sponsorship by us of such Linked Websites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Websites. The inclusion of any link to such Linked Websites on our Website does not imply SeniorConnection's endorsement, sponsorship, or recommendation of that website. SeniorConnection disclaims any liability for links (i) from another website to this Website and (ii) to another website from this Website. SeniorConnection cannot guarantee the standards of any website to which links are provided on this Website nor shall SeniorConnection be held responsible for the contents of such websites, or any subsequent links. SeniorConnection does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT AND FUNCTIONS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SENIORCONNECTION HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. SENIORCONNECTION DOES NOT WARRANT THAT THE WEBSITE OR ITS SERVICES, CONTENT OR FUCTIONS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR ITS SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENIORCONNECTION OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SENIORCONNECTION ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOU'RE DOWNLOADING OF ANY CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Neither SeniorConnection, any of its affiliates, directors, officers, employees and agents, nor any other party involved in creating, producing or delivering the Website and its Content is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Website and its Content or the operation of the Website or failure of the Website to operate. In no event shall SeniorConnection be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if SeniorConnection has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the Content available from this Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
To the maximum extent permitted by applicable law, in no event will SeniorConnection be liable for any damages whatsoever, whether direct, indirect, general, special compensatory, and/or consequential, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, its Content or its services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from anyone's reliance on information or other Content posted on the Website, or transmitted to or by any users or any other interactions with other registered users of the Website or its services, whether online or offline. Your acceptance of these limitations of liability are essentials term of these Terms and Conditions and the parties acknowledge that SeniorConnection would not grant access to the Website without your agreement to these terms.
You agree to defend, indemnify and hold SeniorConnection and its affiliates, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising out of or in connection with your use of the Website and its Content, or your breach or violation of the law or of these Terms and Conditions. SeniorConnection reserves its right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SeniorConnection's defense of such claim. You further agree that, in no event will you settle any claim or matter without the written consent of SeniorConnection.
Trademarks displayed on the Website not owned by SeniorConnection are the property of their respective owners, who may or may not be affiliated with SeniorConnection. Nothing contained on the Website should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Website, except as provided in these Terms and Conditions, is strictly prohibited.
SeniorConnection may terminate, change, suspend or discontinue any aspect of the Website or its Content and services at any time. SeniorConnection may restrict, suspend or terminate your access to the Website and its services if SeniorConnection believes you are in breach of these Terms and Conditions or applicable law, or for any other reason without notice or liability. SeniorConnection maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
SeniorConnection reserves the right, at its sole discretion, to change or modify any provisions of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted to the Website. Your continued use of the Website and its services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
Nothing in these Terms and Conditions shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representation or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms and Conditions constitute the entire agreement between you and SeniorConnection regarding the use of the Website, superseding any prior agreements between you and SeniorConnection relating to your use of the Website. The failure of SeniorConnection to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity, enforceability of any remaining provisions.