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Last Updated: February 25, 2013
Welcome to SilverLiving.com. Silver Living, Inc., ("Silver Living", "we", or "us") maintains this website for your information and education. Please browse and enjoy Silver Living.com (the "Site"). We provide our content, products, and services to you on the Site subject to the following terms and conditions (the "Terms"). By using the Site, you agree to these Terms.
We may periodically change the Terms. Modifications shall be effective immediately upon being made available online. You should read these Terms whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms as modified. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO US THROUGH THE SITE.
You understand that, except for information, products or services clearly identified as being supplied by Silver Living, Silver Living does not operate, control or endorse any information, products or services on the Internet in any way. Except for Silver Living- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Silver Living. You also understand that Silver Living cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. Silver Living provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and Silver Living shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. Silver Living does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Silver Living has no control over and accepts no responsibility whatsoever for such materials.
Silver Living does not provide specific advice regarding which provider(s) you should use and you should only make decisions regarding service providers after consulting with them, your family members and other knowledgeable sources, based on your specific needs, after a thorough assessment. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Service, such activity is solely between you and the applicable third party. Silver Living shall have no liability, obligation or responsibility for any such activity. You hereby release Silver Living from all claims arising from such activity.
Silver Living is not a substitute for doctors, attorneys, licensed geriatric or eldercare specialists, and financial advisors. The information contained in the Site may include content that relates to medical, legal, financial, or other professional matters. It is provided for informational, educational, and discussion purposes only and should not be used, interpreted, or relied upon as professional medical advice, diagnosis, or treatment; legal; financial, tax, or professional advice; or advice regarding which service providers you should use. You should consult with a medical doctor, attorney, financial, tax, and other professional if you need assistance with matters that fall into their area of expertise. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Individual Ratings and reviews posted on the Site are the opinions of their respective authors. Such authors are solely responsible for such content. Silver Living does not adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Silver Living or its affiliates be responsible for any loss or damage resulting from reviews or comments made about you on the Site by other Users.
You understand and agree that Silver Living may review and delete any Content, in each case in whole or in part, that in the sole judgment of Silver Living violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site. We reserve the right to remove, screen, edit, or reinstate ratings and reviews from time to time at our sole discretion and without notice to you. You may encourage others to write reviews about your business. However, you agree not to, and will not assist or enable others to write a fraudulent or defamatory review, trade reviews with other businesses, compensate anyone to write a review on your behalf, or write a review that you were paid for either directly or indirectly by the business being reviewed. You do have the right to rebut a review by posting a response to a current review of your business.
You agree to indemnify, defend and hold harmless Silver Living, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
In no event will Silver Living be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Silver Living or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such states, Silver Living liability is limited to the greatest extend permitted by law.
The provisions of sections "Use of the Site", and "Indemnification") are for the benefit of Silver Living and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form individuals or companies providing care services for employment or contracting for a business not affiliated with Silver Living without express written permission from Silver Living. Should Silver Living find that you violated the terms of this paragraph or any terms stated herein, Silver Living reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, any information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.
In order to protect the integrity of the Site and the Service, Silver Living reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site. Silver Living reserves the right, in its sole discretion, to terminate your access to all or part of the Silver Living Site from the Site for any reason or no reason, with or without notice.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Silver Living and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Silver Living's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Silver Living may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.