These terms and conditions (“Terms of Use”) govern your access to and use of the website located at www.assistedlivingcenter.com (“Site”) any associated Content (as defined below) (the Site and the Content are collectively referred to herein as the “System”), and the services, features, functionality, and offers made available through the System (the “Services”).

In these Terms of Use, “you” and “your” refer to (a) you, the individual accessing the System and/or using the Services, (b) any electronic agent accessing the System and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the System and/or using the Services; and “Assisted Living Center,” “ALC,” “we,” “us” or “our” refer to Assisted Living Center, LLC and all of its respective members, directors, officers, agents and employees.

These Terms of Use constitute a contract between you and ALC. BY ACCESSING OR USING, THE SYSTEM OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THEM IN FULL.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE ANY PORTION OF THE SYSTEM OR THE SERVICES.

Changes to the Terms of Use

We may update or modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the date on which it was most recently updated, on the Site. You should view these Terms of Use often to stay informed of any changes that may affect you. Your continued use of the System and/or the Services thereafter signifies your acceptance to such changes.

The version of these Terms of Use posted on our Site on each respective date you visit the Site will be the Terms of Use applicable to your access and use of the System and Services on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use and the Privacy Policy that were in force on each respective date you visited the Site. We reserve the right to terminate these Terms of Use for any reason or for no reason whatsoever, at any time, without notice or liability.

Ownership of the System and Access License

You understand and agree that ALC owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.

You acknowledge that the System and the Services are proprietary to ALC and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by accessing and using either. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.

ALC grants you a personal, non-exclusive, non-transferable, limited license to use the System and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System or the Services. All rights not expressly granted to you in these Terms of Use are reserved and retained by ALC.

Privacy Policy

ALC’s privacy policy (the “Privacy Policy”) applies to your use of the System and the Services, and its terms are made a part of these Terms of Use by this reference. To view ALC’s Privacy Policy, please see https://www.assistedlivingcenter.com/privacy-policy/. We encourage you to read and become familiar with our privacy practices, as described in the Privacy Policy.

Use of the System and Services

ALC reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, the Services, or any portion thereof, for any reason; (ii) modify or change the System, the Services, or any portion thereof, or any applicable policies or terms; and (iii) interrupt the operation of the System, the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

You represent and agree that all information that you provide to ALC in connection with your access to and use of the System and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.

Any use or attempted use of the System and/or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by ALC to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your use of the System and the Services, you agree you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any ALC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use any of the System’s or Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  8. Violate any applicable local, state, national or international law;
  9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Probe, scan, test the vulnerability of or breach the authentication measures of the System or any related networks or systems;
  12. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
  13. Harvest or otherwise collect information about others, including e-mail addresses;
  14. Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of ALC;
  15. Attempt to gain any unauthorized access to the System, the Services or any of its associated Content, including computer systems, software, or networks; or
  16. Use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any Content or information thereon.

ALC reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. ALC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, ALC reserves the right at all times to disclose any information as ALC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ALC’s sole discretion. You also agree to reimburse ALC for any damage, loss, cost or expense ALC incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System or the Services for any unlawful or prohibited purpose.

Submissions

Any information, communications, or material of any type or nature that you submit to or post on the System (or to any of our pages on a social media platform or other website) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. You own and remain fully responsible for all Submissions, which must comply with these Terms of Use. You hereby agree that by inputting/submitting such Submissions you grant ALC a nonexclusive, unrestricted, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein). You hereby represent and warrant that you have the full legal right to so use such Submissions and that the Submissions, and any content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

ALC neither actively monitors general use of the System, nor exercises editorial control over any Submissions. However, ALC does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in ALC’s sole discretion, may be illegal, may subject ALC to liability, may violate these Terms of Use, or are, in the sole discretion of ALC, inconsistent with ALC purpose for the System.

Notice and Procedure for Copyright Infringement

If you believe that your work has been copied, posted, stored, or otherwise transmitted using the Site in a way that constitutes copyright infringement, please provide the following information to the designated agent listed below:

(a) a clear and complete description of the copyrighted work that you claim has been infringed;

(b) a clear and complete description of the material on the Site that you claim to be infringing and a sufficient description of where the material can be located to enable ALC to find and remove it;

(c) sufficient information to contact you, such as your address, telephone number, and email address;

(d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; and

(f) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.

The designated agent for claims for copyright infringement may be reached at: legal@assistedlivingcenter.com .

Disclaimers

You acknowledge and agree that ALC provides a technological platform to facilitate the search for an assisted living facility between individual consumers and assisted living facilities, which may include providing your information to the companies that ALC partners with, such as entities providing senior care referral services, or in some cases, individual assisted living facilities. ALC operates independently of the partners that we may connect you with, including those entities providing senior care referral services, and is not responsible for the acts or omissions of such entities, including without limitation the accuracy of any information provided by such entities.  

The assisted living facilities listed on our Site operate independently from ALC and ALC does not guarantee (i) the quality or safety of the assisted living facility; (ii) the accuracy of the amenities or services, including medical services, included in a profile of a particular assisted living facility; (iii) the assisted living facilities’ compliance with any laws, rules, codes or regulations, including without limitation, health and safety regulations and codes and licensure laws; or (iv) the vacancy availability or of an assisted living facility. The information and materials provided on the System are for informational and educational purposes only and are not a substitute for the professional judgment of legal, financial or health care professionals. You acknowledge and agree that your use of the System and Services and reliance on any information provided through the System is at your own risk.

ALC also offers a venue for searching for job opportunities within the health care field through our partner [xxx]. ALC does not screen or censor the job postings and is not involved in, and does not control, the actual transaction between employers and candidates. ALC makes not representations about any jobs posted on the System and ALC is not responsible for the quality, safety or legality of the jobs posted, the truth or accuracy of the listings, or the ability of employers to offer job opportunities to candidates.

THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, IS PROVIDED “AS-IS” AND “AS-AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

DESCRIPTIONS OF OR REFERENCES TO ASSISTED LIVING FACILITIES, PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM AND SERVICES DO NOT IMPLY ENDORSEMENT OF THAT ASSISTED LIVING FACILITY, PRODUCT, SERVICE, OR PUBLICATION. ALC MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE ASSISTED LIVING FACILITIES LISTED ON THE SITE.

ALC AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. ALC PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, ALC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. ALC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.

If you are a California resident, you waive California civil code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You acknowledge and agree that you understand the meaning of California Civil Code Section 1542 and intend, by agreeing to be bound by these Terms of Use, to assume the risk of any existing, but unknown claims.  

Limitation of Liability

IN NO EVENT SHALL ALC, OR ALC’S  SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM AND/OR SERVICES; (B) THE SECURITY OF THE SYSTEM AND/OR THE SERVICES; (C) THE USE, COPYING, OR DISPLAY OF THE SYSTEM AND/OR THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM OR THE SERVICES, OR OTHER THIRD PARTIES; OR (E) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE INFORMATION PROVIDED THROUGH THE SYSTEM OR SERVICES. UNDER NO CIRCUMSTANCES SHALL ALC, OR ITS SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (E) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF ALC, EVEN IF ALC WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ALC AND ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF ALC, ITS SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE SERVICES, ALC AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

Indemnification

You agree to indemnify, defend and hold ALC harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the System or Services, your access to and use of the System and/or Services, your violation of these Terms of Use, your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Typographical Errors

The System and the Services could include technical inaccuracies or typographical errors. ALC shall have no liability in connection with any such inaccuracies or errors, nor shall ALC have any obligation to identify and/or correct any such inaccuracies or errors.

Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of ALC (the “Linked Websites”). ALC does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. ALC disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against ALC arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the System and Services do not imply that: (a) ALC is affiliated or associated with any Linked Website; (b) ALC is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of ALC.

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third Party Materials”), ALC has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. ALC does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with ALC.

General

These Terms of Use and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System and the Services. You agree that you shall not contest the admissibility or enforceability of ALC’S copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and ALC. ALC may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of ALC. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and using the Services and any other jurisdiction whose laws apply to you or your actions. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by ALC shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. Neither these Terms of Use, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between ALC and you. You may not enter into any contract on our behalf or bind us in any way.

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System or the Services must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Fulton County, Georgia for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy, or otherwise related to or in connection with your access to and use of the System or the Services. You further expressly waive any claim that venue is improper for any reason in these courts.

Contact Us

ALC welcomes any comments or questions you may have regarding these Terms of Use, the System, and/or the Services. Please send any comments or questions submitted please contact us at legal@assistedlivingcenter.com.

Last Updated

These Terms of Use were last updated on June 1, 2019. Please check back periodically for updates and changes.