I authorize the Merchant named on this web form to process a debit to the bank account or credit card indicated in this web form for the Total Due indicated on this web form. I further authorize the Merchant named on this web form to debit the bank account or credit card indicated in this web form for the noted Scheduled Payment Amount on the schedule indicated. These payments are for the goods and services noted on the web payment form. I understand that returns, refunds are not permitted, however exceptions may be made on a case-by-case basis. I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify the business in writing of any changes in my account information or termination of this authorization at least 48 hours prior to the next billing date. If the above noted payment date falls on a weekend or holiday, I understand that the payment may be executed on the next business day. I understand that because this is an electronic transaction, these funds may be withdrawn from my account each period as soon as the above noted transaction dates, based on the noted schedule frequency. In the case of an ACH Transaction being rejected for Non Sufficient Funds (NSF) I understand that the business may at its discretion attempt to process the charge again within 30 days. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this credit card or bank account, and that I will not dispute the payment with my Credit Card Company or Bank, so long as the transactions correspond to the terms indicated in this web form.
This Standard Community Listing Agreement (“Agreement”) is a legal agreement between Assisted Living Center, LLC. (“ALC”, “Us”, or “We”), a Georgia corporation, and the business by which the individual accepting this Agreement is employed or otherwise engaged (the “Customer” or “You”). ALC and Customer are each referred to herein as a “Party,” and collectively as the “Parties.” This Agreement, together with any other applicable terms and conditions referenced herein, governs in its entirety the relationship between ALC and the Customer in connection with the Products (as defined below) for which Customer has purchased a subscription.
1.1 Service Subscriptions – ALC offers its customers a subscription that includes various online services (each, a “Service”). Certain Services may involve distribution of Customer Content (as defined in Section 3.5) and/or other interactions with third parties (the “Partners”) that own or operate online business directories, search web sites, social media web sites, mobile apps or other online properties (the “Partner Sites”). Customer acknowledges and agrees that (i) all content submitted for any Service shall be subject to the Partners’ character limits, quality standards and other applicable content policies, and that any such content may be rejected, in whole or in part, by a Partner at any time in its sole discretion, or modified by ALC or the Partner at any time to comply with such policies, (ii) ALC does not guarantee that any content will be displayed on any Partner Site, and (iii) the appearance and/or location of any content placement may change at any time. ALC SHALL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE PARTNER SITES, FOR ANY DECISION BY A PARTNER TO REJECT OR MODIFY ANY CONTENT SUBMITTED BY CUSTOMER, OR FOR ANY OTHER DECISION, CHANGE OR OTHER ACTION DESCRIBED IN CLAUSES (i), (ii) OR (iii) OF THE PRECEDING SENTENCE.
1.2 Implementation at Customer’s Request – ALC may from time to time, at the request of the Customer, assist Customer with the implementation of certain features that are a part of the Services. This may include interaction with the Customer’s website and webpages. Any such assistance provided by ALC is at the Customer’s own risk. ALC SHALL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE CUSTOMER’S WEBSITE OR TO ANY CUSTOMER CONTENT OR OTHERWISE IN CONNECTION WITH SUCH ASSISTANCE.
2. Fees and Payment
2.1 Fees – By purchasing a subscription, you agree to any fee and payment terms that are described herein and/or in the Insertion Order “IO”. Any Service fees are exclusive of any sales or other taxes (other than taxes on ALC’s income).
2.2 Provision of Credit Card Information; Payment Terms – You will be required to provide ALC with a valid credit card number upon registration for a subscription. You hereby warrant and represent that you have the authority to provide such credit card information to ALC and shall be responsible for all charges made thereto. ALC will bill your credit card at the beginning of each Billing Period (as defined below) for the fees incurred for such Billing Period, as well as for any outstanding balances. Your “Billing Period” will be specified by ALC at the time of profile listing approval, though ALC reserves the right to change the term of future Billing Periods at any time. Any and all late payments shall accrue interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by law, whichever is less). In addition, you are responsible for paying any reasonable expenses and attorneys’ fees that ALC incurs in connection with collecting late amounts.
2.3 Billing – ALC WILL AUTOMATICALLY RENEW EACH OF YOUR SERVICE SUBSCRIPTIONS AND CHARGE YOUR CREDIT CARD AT THE BEGINNING OF EACH SUBSCRIPTION RENEWAL PERIOD, SO LONG AS YOUR SUBSCRIPTION HAS NOT BEEN CANCELLED. The Subscription period will begin on the date the community listing is approved by the Customer. The automatic charge to your credit card will occur at the commencement of each subscription renewal. You acknowledge that the amount billed each month or year may vary for reasons such as promotional rates no longer being applied, changes in your subscription (for example, changes in the number of your communities under your subscription), and you authorize us to charge your credit card for such varying amounts.
3. Use of the Services
3.1 License – ALC hereby grants Customer a limited, non-exclusive, non-transferable right and license to access and use the Services solely in connection with Customer’s legitimate business needs. This license will terminate in the event the applicable subscription is not renewed or this Agreement is terminated pursuant to Section 4, in which case Customer will immediately cease any further use of the Services.
3.2 Ownership – The Services are the copyrighted works of ALC and/or its various third party licensors and partners.
3.3 Trademarks – The trademarks, service marks, logos and any designs used or displayed on the Services or any ALC owned webpage are trademarks and/or service marks owned by ALC or its licensors. Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ALC trademark displayed on the Services or any ALC owned webpage or website without ALC’s prior written permission in each instance. The appearance of any third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
3.4 Usage Restrictions – Customer’s use of the Services is limited solely to those rights granted in Section 3.1. Customer shall not copy, prepare derivative works, decompile or reverse engineer the Services. Customer will not remove any trademark, copyright, or other proprietary rights notices which appears on the Services. In addition, Customer will not use the Services for any unlawful or fraudulent purpose including, but not limited to: (a) impersonating any person or entity, (b) harvesting or collecting any personal information in violation of applicable law or (c) promoting any product, service or business that is unethical, obscene or in violation of any applicable law or regulation.
3.5 License to Customer Content – Customer hereby grants ALC a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of ALC’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all listing content and other content that is provided by or on behalf of you in connection with your use of the Services (“Customer Content”). ALC may sublicense this right to any Partners and other online partners. This license will survive any termination or expiration of this Agreement.
4. Term and Termination
4.1 Term – This Agreement is effective as of the date you approve your listing for a subscription and shall remain in full force and effect until terminated by either party in accordance with this Section 4.
4.2 Termination for Convenience – Either Party may terminate this Agreement and disconnect some or all of the Services at any time for convenience upon notice to the other Party (which may be provided by email).
4.3 Survival – Upon any termination or expiration of this Agreement, You will remain a Customer until the current billing period ends. The following provisions shall survive any termination of this Agreement: Section 3.5 (“License to Customer Content”), this Section 4.3 (“Survival”), Section 5 (“Disclaimer and Limitation of Liability”), Section 6 (“Indemnification”), Section 7 (“Representations and Warranties”), Section 8 (“Special Terms for ALC Social Service”) (to the extent applicable) and Section 9 (“General Provisions”).
5. Disclaimer and Limitation of Liability
THE PRODUCTS AND ANY SERVICES PROVIDED BY ALC IN CONNECTION WITH THIS AGREEMENT ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, ALC MAKES NO, AND DISCLAIMS ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. THE ALC PRODUCTS AND ALC WEBSITE, AND OTHER WEBSITES, DATABASES AND/OR THIRD PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTS, MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR OTHER LIMITATIONS. ALC HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CUSTOMER CONTENT OR TO THE YOUR WEBPAGE OR WEBSITE AS A RESULT OF ALC’S ASSISTANCE IN IMPLEMENTING ANY PRODUCT FEATURES, ANY OTHER PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF, OR INABILITY TO USE, ALC WEBSITES, DATABASES AND/OR PROGRAMS. ALC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY’S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF ALC’S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL ALC OR ANY PARTNER BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, EVEN IF ALC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALC WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND ALC’S CONTROL. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, ALC’S LIABILITY UNDER ANY CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO $500. To the extent any liability of ALC cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.
Customer will defend, indemnify, and hold harmless, ALC, its third party licensors and Partners, and its affiliates, and each of its and their respective officers, directors, members, managers, employees, sub-licensees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or related to: (a) any breach of the Agreement by you (including, but not limited to, any representations and warranties made herein); (b) any violation of any law or regulation arising from or in connection with your subscription; (c) any allegation arising from or relating to any Customer Content, including, but not limited to, any allegation that any Customer Content infringes or otherwise violates any trademark, trade name, service mark, copyright, license, trade secret, right of privacy or publicity or other intellectual property or proprietary right of any third party, constitutes false advertising, is defamatory and/or is in violation of any law or regulation; (d) any claim by any third party related to you or your products, services, webpages, websites or business; and/or (e) any third party dispute with you, including, without limitation, any injury suffered by a third party at your place of business or any other related issue.
7. Representations and Warranties
You represent, warrant and covenant that at all times during the term of this Agreement:
the individual accepting this Agreement is authorized to act on behalf of you and to bind you to this Agreement;
you have the full power and authority to conduct your business, to enter into this Agreement, and to perform your obligations under this Agreement;
your execution, delivery and performance of this Agreement will not conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you; (iii) any provision of your organizational documents; or (iv) any agreement or other instrument applicable to you; and
you will comply with all applicable federal, state and local laws, rules, regulations, court orders, judgments and decrees.
9. General Provisions
9.1 Confidentiality – You may not disclose the terms or conditions of this Agreement any third party, except to your professional advisors under a strict duty of confidentiality or as necessary to comply with applicable laws or regulations.
9.2 Promotional Materials – During the term of this Agreement, ALC may use Customer’s name and logo for the purpose of referring to Customer as an ALC customer on ALC’s website and in its other promotional materials.
9.3 Policies – Customer’s participation in any subscription shall be subject to all applicable ALC policies including, without limitation, the Privacy Policies posted on any Web Site on which Customer listings are published, and any applicable Web Site specification requirements (collectively, “Policies”). The Policies may be modified by ALC at any time. The latest Policies can be found on any of ALC’s websites. You should review the Policies regularly. By your continued participation in a Service subscription, you agree to all of the associated terms and conditions contained within the Policies effective at that time.
9.4 Force Majeure – In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision, the affected Party’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
9.5 Waiver – The waiver by either Party of a breach or a default of any provision of this Agreement by the other Party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such Party.
9.6 No Agency; Independent Contractors – Nothing contained in this Agreement shall be deemed to imply or constitute either Party as the agent or representative of the other Party, or both Parties as joint venturers or partners for any purpose.
9.7 Governing Law and Forum – This Agreement, and any disputes arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of law provisions. Each of the Parties hereby irrevocably consents and submits to the exclusive jurisdiction of the state and federal courts located in Fulton County, Tennessee for any such disputes, and hereby irrevocably waives any objections to the laying of venue in such courts.
9.8 Entire Agreement; Amendment – This Agreement (together with any other applicable terms and conditions referenced herein) constitutes the entire agreement between the Parties with regard to the subject matter hereof. ALC may modify the terms of this Agreement at any time without liability, and your use of the Services after notice that the terms of this Agreement have changed constitutes your acceptance of the new terms.
9.9 Headings – Captions and headings contained in this Agreement have been included for ease of reference and convenience and shall not be considered in interpreting or construing this Agreement.
9.10 Costs, Expenses and Attorneys’ Fees – If either Party commences any action or proceeding against the other Party to enforce or interpret this Agreement, the prevailing Party in such action or proceeding shall be entitled to recover from the other Party the actual costs, expenses and reasonable attorneys’ fees (including all related costs and expenses), incurred by such prevailing Party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfillment of those purposes.
To request a copy of the personal information we have stored for/about you, or to request that this information be removed from our systems, you can contact us using the information in this Online Store page footer.