Terms of Use Agreement between Senior Home Connection LLC (“SHC”) and User:
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on May 12, 2011.
This Terms of Use Agreement sets forth the standards of use of the myseniorhomeconnection.com Online Service for Registered Members. SHC is the operating company, of which myseniorhomeconnection.com is its primary operating service. Through myseniorhomeconnection.com (the “Site”) you have access to content, documents, materials, information, products and services (collectively “Content”). By using the Site, you (the “User”) agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided by our Terms and Use. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Myseniorhomeconnection.com is providing User with online assistance in contacting long term care providers or advisors in your area who may be helpful to you. There is no charge to you for using this service. Long term care facilities (the “Facilities”) referred to on the Site have agreed to abide by an ethical code of conduct. We trust that the Facilities or anyone else we refer you to will treat you in an honest, fair and equitable manner. We do not verify the background or business practice of our referrals and it is up to you to determine for yourself the integrity of any provider we refer you to. We are not responsible if your experience with any of our referrals is not satisfactory.
2. Disclaimer of Warranties
The site is provided by SHC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, SHC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. SHC shall have no liability for any interruptions in the use of the Site. SHC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore in some jurisdictions, the above-referenced exclusion is inapplicable.
3. Limitation of Liability
SHC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE LYNXSTER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN SOME JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold myseniorhomeconnection.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
SHC reserves the right to modify or discontinue the Service with or without notice to the User. SHC shall not be liable to User or any third party should SHC exercise its right to modify or discontinue the Service. User acknowledges and accepts that SHC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that SHC is not responsible for (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that SHC is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Governing Jurisdiction of the Courts of New York
Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.
8. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of SHC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SHC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of SHC.
SHC and myseniorhomeconnection.com are proprietary marks of SHC. SHC’s trademarks may not be used in connection with any product or service that is not provided by SHC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SHC, or myseniorhomeconnection.com service.
All other trademarks displayed on the myseniorhomeconnection.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with SHC.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, myseniorhomeconnection.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Brett E. Dawson, Esq.
Dawson Law Firm, P.C.
1844 Penfield Road
Penfield, New York 14526
11. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHC MAKES NO WARRANTY THAT: (A) THE SITE WILL NEET YOUR REQUIREMENTS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACURATE OR RELIABLE; OR (C) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SHC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.