Terms of Service
The following terms and conditions constitute an agreement between you and SeniorHabitat, Inc. ("SeniorHabitat," "we," or "us"), the operator of seniorhabitat.org (the "Site"). These Terms of Service (the "Terms of Service") govern your use of the Site, both as a casual visitor and as a registered user.
Effective as of October 17, 2014.
1. About the Site
2. We Do Not Provide Medical or Care Management Advice
The information, which includes the content, text, data, graphics, images, information, suggestions, guidance, and other material that you obtain or receive from SeniorHabitat, and its employees, contractors, partners, sponsors, advertisers, licensors, facilities, hospital discharge planners or otherwise on the Site (collectively, the "Information") is for informational and scheduling purposes only. All medically or care management related information comes from independent health care professionals, hospital discharge planners and facilities.
3. No Care Providers User Relationship
NO CARE PROVIDERS USER RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM SENIORHABITAT INCLUDING, BUT NOT LIMITED TO, THE "FIND THE RIGHT CARE PROVIDERS" AND/OR OUR BLOG AND FORUM FEATURES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE FACILITY IN ANY FIELD.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF SERVICES OR OTHER INFORMATION REGARDING A NURSING HOME, ASSISTED LIVING OR OTHER CARE PROVIDERS LISTED ON THE SITE (EACH, A "CARE PROVIDER") LISTED ON THE SITE. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY CARE PROVIDER LISTED ON THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
You are strongly advised to perform your own investigation prior to selecting a care provider by making confirming telephone calls to the appropriate licensing authorities to verify listed licensures, and to further verify information about a care provider by confirming with the care provider, healthcare providers, and the state licensing board.
4. Authorization and Acknowledgement; Important Information About Care Providers and Lists
In connection with using the Site and the Services to locate and schedule appointments or tours with the care providers, you understand that:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN CARE PROVIERS (IF YOU ARE THE CLIENT) OR YOUR CLIENT'S CARE PROVIDERS (IF YOU ARE THE DESIGNATED REPRESENTATIVE OF THE CLIENT).
SeniorHabitat will provide you with lists and/or profile previews of care providers that may be suitable to deliver the housing and services that you are seeking based on information that you provide to SeniorHabitat (such as insurance information, proximity to your geographical location, and type of housing). In an effort to aid in the discovery of care providers and enable the maximum choice and diversity of care providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Care Providers availability, past selections by and/or ratings of Care Providers by you or by other SeniorHabitat Members, and past experience of SeniorHabitat Members with Care Providers); but SeniorHabitat (i) does not recommend or endorse any Care Providers and (ii) does not make any representations or warranties with respect to these Care Providers or the quality of the services they may provide.
SeniorHabitat uses reasonable efforts to ensure that Care Providers only participate in the Services if they are licensed, regulated, and/or registered by a State agency. SeniorHabitat may also exclude Care Providers that, in SeniorHabitat's discretion, have engaged in inappropriate or unprofessional conduct.
5. Editorial Control
We make the Site available as a service to clients, care providers and hospital discharge planners for the purposes of providing an informative, educational and administrative resource. We may, but have no obligation to, have Information posted on the Site reviewed by the Site's editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. We can not assure you that the Information contained herein is in every respect accurate or complete, and we are not responsible for any errors or omissions or for the results obtained from the use of such Information.
You are encouraged to independently confirm the Information contained herein with other sources.
CARE PROVIDER INFORMATION: Care provider information found on the Site is intended for general reference purposes only. Care provider information found on the Site is both self-reported, by the care provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the care provider. Such information often changes frequently and may become out of date or inaccurate. SeniorHabitat does not provide any advice or qualification certification about any particular care provider. Our relationship with Care Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
As part of the registration process to become a Registrant, you will provide an e-mail address and create a password.
A "Registrant" means a person who completes SeniorHabitat's account registration process, including, but not limited to Care Providers, hospital discharge planners, clients and clients' designated representatives. These are your credentials for accessing the Services that are only available to Registrants ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to firstname.lastname@example.org.
7. Your Personal Information
8. Your Responsibilities
Even though the Services are provided free of charge to Users looking for Care Providers, the usual and customary charges for any services rendered by collaborating Care Providers profiled on the Site will apply and will be entirely your responsibility.
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, Member accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services. Notwithstanding anything to the contrary, SeniorHabitat grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available search indices of the materials, but not caches or archives of such materials.
access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to Care Providers, whether commercial or non-commercial;
reformat or frame any portion of the web pages that are part of the Site and/or the Services;
fraudulently misuse the Services by scheduling an appointment with a Care Provider which you have no intention of keeping;
create Registrant accounts by automated means or under false or fraudulent pretenses;
collect or store personal data about other Users in connection with the prohibited activities described in this paragraph; or
use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
Interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology
In addition to our rights in these Terms of Service, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
9. Changes to These Terms of Service
We may change these Terms of Service at any time, as we reasonably deem appropriate. Upon any change in these Terms of Service, we will post the amended agreement on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Service, the modification, and agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept these Terms of Service, including following any such modifications hereto, then please do not use the Site.
10. Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the use of new services will be governed by these Terms of Service. You agree that SeniorHabitat will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
11. Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
12. Additional Terms
Certain Services on the Site may have additional terms (such as policies, guidelines, and rules and for Care Providers, the Care Provider Agreement) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
13. No Spam
You may not use contact information provided by our Registrants or collaborating Care Providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
14. Content You Post or Submit
You will have the opportunity to submit feedback regarding your experiences with Care Providers that are featured on the Site as a Member, to post Listings as a Care Provider (as defined in the Care Provider Agreement) and to participate in the other interactive and community features of the Site as available from time to time (collectively "Posted Information"). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the Care Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another User or Facility may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other Members and/or other Users of the Site.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by SeniorHabitat.
You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
You understand and agree that SeniorHabitat may (but is not obligated to) review and delete any Posted Information that in the sole judgment of SeniorHabitat violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Users or Registrants of the Site and/or other website users.
You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
By posting Posted Information on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, SeniorHabitat an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that SeniorHabitat shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other SeniorHabitat Users for purposes of constructing or populating a searchable database of reviews and information related to the senior care providers industry.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. SeniorHabitat reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and blocking your use of the Services and/or the Site. You may not post content that:
is false or intentionally misleading;
harasses or advocates harassment of another person or entity;
involves the transmission of unsolicited mass mailing or "spamming";
violates the intellectual property or other rights of any person or entity;
is threatening, obscene, defamatory or libelous; or
is pornographic or sexually explicit in nature.
15. Your Use of Content
All of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain SeniorHabitat's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, SeniorHabitat and its business partners and licensors do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by SeniorHabitat to you are retained by SeniorHabitat.
16. Disclaimer of Warranties
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations or warranties concerning:
any content contained in or accessed through the Site and/or the Services;
the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services;
the suggestions or recommendations of Care Providers or other services offered through the Site and/or the Services;
the booking of Care Providers events or tours through the Site, that the events or tours booked with the Care Providers will be available, and that the Members will make their event or tour appointments as booked;
the ability of hospital discharge planners to fulfill the requests as made by the Members through the Site;
the communications from the Member to the hospital discharge planner, that the information communicated are true and accurate; and
the communications from the hospital discharge planners to the Facilities through the Site, that the information communicated are true and accurate.
WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, AND ANY WARRANTIES ARISING OUT OF COURSES OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR NEEDS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE TRUTHFULNESS, ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. YOU UNDERSTAND THAT SENIORHABITAT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, OR SERVICE OR TO REVIEW OR VISIT ANY FACILITIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SENIORHABITAT MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. SENIORHABITAT DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
17. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID AND RECEIVED BY US TO REGISTER FOR THE SITE OR THE SERVICES WITHIN ONE (1) YEAR PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) $50. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR FROM LISTINGS OR BOOKING OF ANY TOURS OR EVENTS VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on www.seniorhabitat.org, in the event that you have a dispute with one or more Users, you release the Senior Habitat (and our agents, employees and officers) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason or no reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. SeniorHabitat shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, vendors, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, (c) the violation of these Terms of Service, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials, (d) your Posted Information or (e) your (i) interaction with any Site User or (ii) booking offering of a tour or event. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
20. Electronic Contracting and Notices
21. Copyright Dispute Policy
SeniorHabitat has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of SeniorHabitat's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
SeniorHabitat's Policy. It is SeniorHabitat's policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, Registrants or Users; and (b) remove and discontinue Service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that SeniorHabitat is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification. Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is SeniorHabitat's policy:
to remove or disable access to the infringing material;
to notify the content provider, Registrant or User that it has removed or disabled access to the material; and
that for repeat offenders, SeniorHabitat will also terminate such content provider's, Registrant's or User's access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, Registrant or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Registrant or User believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, Registrant or User must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, Registrant or User;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, Registrant or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The content provider's, Registrant's or User's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, Registrant's or User's address is located, or if the content provider's, Registrant's or User's address is located outside the United States, for any judicial district in which SeniorHabitat is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Removal. If a counter-notice is received by the Designated Agent, SeniorHabitat may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Registrant or User, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at SeniorHabitat's discretion.
Address for Designated Agent. Please contact SeniorHabitat's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent, SeniorHabitat, Inc. 16 Pine Ridge Road, Greenvale, NY 11548. Phone: (917) 519-0341. Email to: email@example.com
22. Entire Agreement
23. Choice of Law and Dispute Resolution
You and Senior Habitat agree that we will resolve any claim or controversy at law or equity that arises out of this Terms of Service or the Service in accordance with this Section or as you and Senior Habitat otherwise agree in writing.
This Agreement is governed by the laws of the State of New York, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions or the Convention on Contracts for the International Sale of Goods. You agree to be bound by the laws of the State of New York and the provisions of this Section notwithstanding the jurisdiction in which you are located.
In the event of any controversy or dispute between SENIOR HABITAT and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to arbitration.
Arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator chosen from a panel of arbitrators knowledgeable in internet, intellectual property and health care law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, SENIOR HABITAT shall have the right to bring action against Users of the Site in courts of competent jurisdiction in the jurisdiction in which such Users reside or are located: (i) to seek injunctive relief against such User, (ii) to obtain a judgment against such User where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such User resides or is located, or (iii) to enforce a judgment obtained against such User in a New York court. In the event SeniorHabitat seeks injunctive relief, SeniorHabitat shall be able to seek such injunctive relief without the necessity of posting a bond or proving the inadequacy of damages, and be entitled to the reimbursement of all costs and expenses (including reasonable attorneys fees) incurred in connection with the enforcement of the foregoing right.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR ANY SENIOR HABITAT SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Service to anyone else and any attempt to do so in violation of this section shall be null and void.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you are under the age of 13, you can not use the Site or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Service to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Service on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Subscription to the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. Users; any use outside of the U.S. is at the Users' own risk and Users are responsible for compliance with any local laws applicable to their use of the Services or the Site.