Reduce vacancy rates by posting your available units to the industries first MLS.
Our business is to bring you more business. No subscription or commission fees. Post listings for free and only pay for results.
Post and edit listings, monitor lead performance, and contact consumers directly from your facility profile.
BY ACCEPTING THIS AGREEMENT, THE FACILITY AGREES TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW. The Facility agrees that SeniorConnection may amend or change this Agreement at any time by posting the revised Agreement to its website (the "Website") and indicating the date of the last revision. The Facility hereby waives any right to specific notice of such amendments or changes and the Facility's continued use of the Services following the posting of the amendments or changes or other notification constitute the Facility's acceptance of such amendments or changes. If the Facility does not agree to the amended terms, it must cancel this Agreement with SeniorConnection and stop using the Services.
SeniorConnection's Services will allow the Facility to submit certain information and materials to SeniorConnection, including, without limitation, photographic images and real-time Facility information, as part of your use of the Services (the "Listing").Under this Agreement, the Facility agrees that it will not post, place or transmit any of the following material and that its Listing will not include any of the following material:
The one-time fees and charges applicable to the Facility's subscription to the Services and its Listing (the "Listing Fees") are as follows:
Listing Fees and charges for any new Service or new feature of a Service will be effective when SeniorConnection posts updated Listing Fees and charges on the Website unless we expressly state otherwise in a notice. SeniorConnection may increase or add new Listing Fees and charges for any existing Services by giving the Facility at least thirty (30) days' prior notice. The Facility may charge you interest at the rate of 1.5% per month (or the highest interest rate permitted by law, if less) on all late payments, if applicable.
In addition to the Listings options provided above, the Facility shall have the ability to engage SeniorConnection as the exclusive real-time web-based provider of the Facility's available units for an eighteen (18)-month period (the "Exclusive Listing Period"), which may be extended from time to time as the parties mutually agree in writing. The Facility may continue to work with other referral agencies and websites so long as SeniorConnection remains the exclusive provider ofrealtime availability of the Facility's units. Any such exclusive real-time availability arrangement will be memorialized in a writing and signed by both parties.
In addition to any Listing Fees described above, the Facility will be charged the following fees for each submission made by the Website's users directly to the Facility's Listing ("User Submission"):
The Facility is responsible for all specifications and content it provides to SeniorConnection for the Services including (i) real-time Listing information and content, Facility information, and Facility URLs whether generated by the Facility or someone on its behalf, and (ii) any websites, services and landing pages which the Facility Listing links or directs the Website's users to. The Facility hereby agrees to keep its Listing(s) active on the Website for at least 120 days, so long as such Listing remains available. SeniorConnection may provide the Facility with an estimated number of submissions associated with a particular Facility Listing, but in no event shall any estimate be a guarantee of actual submissions or leads delivered and are subject to change depending on user traffic, among other things.
The Facility hereby represents, warrants and covenants to SeniorConnection that:
SeniorConnection is not responsible for, and has no obligation to review, edit or comment on, the content of any Listing provided by the Facility. SeniorConnection reserves the right in its discretion to (i) delete, disable access to, move or edit Listings in its sole discretion for any reason or no reason, or (ii) take any other action that SeniorConnection deems necessary relating to use or misuse of the Listings and Services, including without limitation, modifying Listings or suspending or terminating the Facility's Listings and/or rights to use the Services. The Facility hereby grants SeniorConnection a perpetual, worldwide and royalty-free license to use, publish, copy, modify, transmit, display and distribute its Listings in connection with the Services. In addition, the Facility warrants that all moral rights in any Listing and uploaded content have been waived and do hereby waive any such moral rights.
Termination. The Facility will have the right to cancel the Services at any point by calling SeniorConnection's Customer Service Support at 888-582-9512. If the Facility chooses to do so, it recognizes that it may take up to 96 hours for your Listing to be removed. Additionally, no amount that you may have paid pursuant to Section 3above for use of the Services will be refunded. If the Facility violates any of the terms of this Agreement, SeniorConnection may, in addition to any other rights and remedies it may have, immediately suspend or terminate the Facility's Listing and its subscription to the Services without any notice or other action by SeniorConnection. In the event of such suspension or termination, no amounts that the Facility may have paid for its Listing and use of the Services will be refunded. Because SeniorConnection's Services are evolving over time, SeniorConnection may change or discontinue all or part of the Services, at any time and without notice, at its sole discretion. If SeniorConnection discontinues the Services or cancels the Facility's Listing or its subscription to the Services other than for breach or violation of this Agreement, SeniorConnection will, at its sole discretion, refund the Facility a prorated portion of the Listing Fees. Upon any termination, discontinuation or cancellation of the Services or the Facility's Listings, all provisions of this Agreement which by their nature should survive will survive.
The Facility will indemnify, defend and hold harmless SeniorConnection, its officers, directors, employees, agents, licensors, suppliers and any thirdparty information providers to the Services from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees and expenses, resulting from (i) any violation of this Agreement, including without limitation, a breach of the Facility's representations and warranties, (ii) any activity related to access to or use of the Listing and its Services by the Facility or any person accessing the Services through it, and/or (iii) any Listing the Facility provides, including, without limitation, any claim that a Listing infringes or violates a third party's intellectual property or other rights.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FACILITY EXPRESSLY AGREES THAT USE OF THE SERVICES, INCLUDING ALL CONTENT, INFORMATION OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT THE FACILITY'S SOLE RISK. SENIORCONNECTION DISCLAIMS 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 INFORMATION, MATERIALS, AND CONTENT ACCESSIBLE THROUGH THE SERVICES OR ON THE WEBSITE. SENIORCONNECTION DOES REPRESENT OR WARRANT THAT ANY MATERIALS ON THE WEBSITE OR ACCESSIBLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERRORFREE. SENIORCONNECTION IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
In no event shall SeniorConnection, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out or in connection with the use of the Website, Listings or Services. In no event will SeniorConnection's total liability arising out of or in connection with this Agreement or from the use of or the inability to use the Services exceed the amounts the Facility has paid to SeniorConnection for use of the Services giving rise to such damages. The Facility's acceptance of these limitations of liability are essentials term of this Agreement and the parties acknowledge that SeniorConnection would not grant access to the Website or its Services without the Facility's agreement to these terms.
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Chicago, Illinois, and judgment on the arbitration aware must be entered into any court having jurisdiction thereof. Either SeniorConnection or the Facility may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, as necessary to protect the rights or property of it or SeniorConnection.
Nothing in this Agreement 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 SeniorConnection and the Facility regarding the use of the Website, Services and its Listings, superseding any prior agreements between the Facility and SeniorConnection relating to the Facility's use of the Website. The Facility may not assign or transfer this Agreement, by operation of law or otherwise, without SeniorConnection's prior written consent. Any attempt by the Facility to assign or transfer this Agreement, without such consent, will be null and void. SeniorConnection may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.