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.
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:
- 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;
- 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;
- 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);
- 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;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- 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);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of the System or any related networks or systems;
- 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;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of ALC;
- Attempt to gain any unauthorized access to the System, the Services or any of its associated Content, including computer systems, software, or networks; or
- 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.
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: firstname.lastname@example.org .
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.
Limitation of Liability
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.
Governing Law/Jurisdiction/Claims Limitation