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Silver Living Terms of Use

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.

  1. COPYRIGHTS. All content on the Site and/or on e-mails distributed to you from Silver Living, including text, graphics, logos, button icons, and images, and the selection and arrangement of such content (collectively, the "Content") is the exclusive property of Silver Living or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. Except as noted on the Site or in these Terms, you may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Content in whole or in part.
  2. You agree to grant to Silver Living a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Silver Living by all means and in any media now known or hereafter developed. You also grant to Silver Living the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Silver Living for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Silver Living.
  3. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Silver Living. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

This Agreement contains all of the terms and conditions between Silver Living, Inc. ("Silver Living") and you and governs the use of the service offered at the Silver Living Website (the "Site"). Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a member of Silver Living ("Member"). If you wish to make use of the Silver Living service (the "Service"), then please read this Agreement. By using this Site, all users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the Silver Living Privacy Policy, do not use the Site or the Service.

Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by Silver Living from time to time, such modifications to be effective upon posting by Silver Living on the Site. This Agreement includes the Silver Living Privacy Policy. By accessing the Site, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site, you consent to have this Agreement provided to you in electronic form.

Use of 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.

No Endorsement; No Affiliation

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.

No Professional Advice

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 & Reviews

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.

Links to External Sites

Links from the Site to external sites (including external sites that are framed by Silver Living) do not constitute an endorsement by Silver Living of such sites or the content, products, advertising and other materials presented on such sites but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Silver Living does not control such sites, and is not responsible for their content. Just because Silver Living has hyperlinks to such sites does not mean that Silver Living endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Silver Living's Terms of Use and Privacy Policy. Silver Living expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Silver Living harmless from any liability that may result from the use of links that may appear on the Site.

Indemnification

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.

Limitation of Liability

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.

Third Party Rights

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.

Prohibited Use

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.

Governing Law, Arbitration and Jurisdiction

You recognize that, although the Internet can be accessed from anywhere in the world, the Site is located in the State of New York, United States of America, and that when you access the Site, you are doing so in the State of New York, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of New York without giving effect to any principles of conflict of law and the federal laws of the United States of America. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You further agree that any arbitration action brought by you arising out of or relating to these terms of use or the provider web site shall be filled only in New York, New York, and you hereby consent and submit to the personal jurisdiction and venue in New York, New York.

Miscellaneous

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.

Privacy Policy

By agreeing to these Terms of Use, you also agree to our Privacy Policy. Like these Terms of Use, the Privacy Policy is subject to change from time to time. Your continued use of the Site constitutes your acceptance to any changes to the Privacy Policy.