Hosting Seniors LLC Terms of Use

PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT

These "Terms of Use" set forth the terms and conditions that apply to your use of the website hostingseniors.com, as well as any and all related mobile and 3rd party applications that access our services (collectively, our "Services"). By using the Services, you are entering into a binding agreement with Hosting Seniors LLC, a Florida limited liability company ("Hosting Seniors"), and you agree to comply with all of the Terms of Use set forth herein. The right to use the Services and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

WHEN YOU ACCESS OR USE THE SERVICES, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE. HOSTING SENIORS IS WILLING TO GRANT YOU ACCESS TO THE SERVICES ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES IN ANY WAY.

As provided below, Hosting Seniors may update these Terms of Use at any time, without notification to you, and you should review these Terms of Use from time to time by accessing the Services. Your continued use of the Services shall be deemed as an irrevocable acceptance of any such revisions. The right to use the Services and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

1. Copyrights, Trademarks, and Patents

The materials found on the Services are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Services are Copyright© Hosting Seniors LLC, All Rights Reserved. Permission is granted to view and print materials from the Services for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Services, whether in electronic or hard copy form, without the express prior written permission of Hosting Seniors, is strictly prohibited.

"Hosting Seniors", and other trademarks and/or service marks (including logos and designs) found on the Services are trademarks/service marks that identify Hosting Seniors and the goods and services that it provides. Such marks may not be used under any circumstances without the prior written authorization of Hosting Seniors. Portions, features, and/or functionality of the products of Hosting Seniors or its affiliates, suppliers, or partners are, or may be, protected by United States and/or foreign patents, as well as patents pending.

No person is authorized to use, copy, or distribute any portion of the website including related graphics, except for the non-commercial purpose of viewing, reading, and retaining any such portion of the website for reference, as provided above.

2. Links to Third-Party Websites

The Services may provide hyperlinks to third-party websites as a convenience to users of the Services (each, a "Third-Party Site"). Hosting Seniors does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. Hosting Seniors does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.

3. Children's Issues

The Services are restricted and limited for use by people 18 or over. Hosting Seniors will not knowingly collect any information from individuals under 13. If you are under the minimum age required for use of the Services, do not use or provide any information on the Services or on or through any of its features, register on the Services, make any purchases through the Services, use any of the interactive or public comment features of the Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. Should we determine that you do not meet the age requirements for using our Services, your registration will be terminated immediately. If we learn we have collected or received personal information from a user under the required minimum age, we will delete that information.

4. Use of the Services

The Services include a platform designed to facilitate matching and communication between nursing homes, assisted living facilities, and other healthcare facilities (each, a "Community") and prospective Community residents and/or their family members. Our Services allow you to view profile pages and other information regarding prospective Communities, which you can then use to compare and assess each Community's fit for your particular needs.You expressly waive any requirement that purports to impose on Hosting Seniors an obligation to perform any services other than those expressly undertaken by Hosting Seniors hereunder or under any Customer Agreement (described below).

Users of the Services are responsible for compliance with all applicable laws and regulations in connection with their use of the Services, as well as in connection with any transactions that may be established or facilitated through the Services. Further, we do not have control over the quality, timing, or legality of the services actually delivered by Communities or other persons hired or engaged through the Services, or of the integrity, responsibility, or actions of such persons. We neither refer or recommend prospective Communities, nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by prospective Communities, or the integrity, responsibility or actions of Communities, whether in public, private or offline interactions. Content provided through the Services (such as, for example, Community profiles and customer reviews of Communities) is primarily user generated, and we do not control or vet user generated content for accuracy. Hosting Seniors does not assume any responsibility for the accuracy or reliability of any information provided by users, Communities, or other parties on or off the Services (specifically including, without limitation, Community profiles and customer reviews of Communities).

Without limiting the generality of the foregoing, neither Hosting Seniors nor its affiliates, principals, employees, agents, or representatives, assumes any liability or responsibility for any payment or other obligations that may establishing through any resident agreement or other contract or arrangement that may be established or facilitated through the Services (each, a "Resident Agreement"). With respect to liabilities or obligations that may arise under the terms of any such Resident Agreement, you agree to look solely to the applicable Community, and not to Hosting Seniors or any of its affiliates, principals, employees, agents, or representatives.

PLEASE NOTE THAT THE SERVICES ARE INTENDED TO BE USED TO FACILITATE INTERACTIONS DIRECTLY BETWEEN USERS, FACILITIES, AND OTHERS. HOSTING SENIORS CAN NOT AND DOES NOT CONTROL THE LEGALITY OR SUITABILITY OF ANY SUCH INTERACTION, OR ANY TRANSACTIONS OR RELATIONSHIPS RESULTING THEREFROM. COMMUNICATIONS, INTERACTIONS, OR TRANSACTIONS MADE BY OR THROUGH THE SERVICES ARE MADE AT THE SOLE RISK AND RESPONSIBILITY OF THE USER. HOSTING SENIORS IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ANY AND ALL COMMUNICATIONS, INTERACTIONS, OR TRANSACTIONS (INCLUDING RESIDENT AGREEMENTS) MADE OR FACILITATED HEREUNDER. ACCORDINGLY, ANY SUCH COMMUNICATIONS, INTERACTIONS, OR TRANSACTIONS WILL BE MADE AT THE USER'S OWN RISK. BY USING THE SERVICES, YOU MAY ENCOUNTER CONTENT OR INFORMATION THAT MIGHT BE INACCURATE, INCOMPLETE, DELAYED, MISLEADING, ILLEGAL, OFFENSIVE, OR OTHERWISE HARMFUL. HOSTING SENIORS GENERALLY DOES NOT REVIEW CONTENT PROVIDED BY ITS USERS, FACILITIES, OR ANY OTHER PARTY. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THIRD PARTIES' (INCLUDING OTHER USERS') CONTENT OR INFORMATION OR FOR ANY DAMAGES AS RESULT OF YOUR USE OF OR RELIANCE ON IT.

To use the Services, you agree that: (a) you must be the minimum age required for use of the Services (as provided above); (b) you won't use the Services to falsify your own identity or impersonate anyone else; (c) if you purchase any of our paid services, you agree that information required for us to bill you will be entered accurately and completely; and (d) you are not already restricted by Hosting Seniors from using the Services. You represent and warrant to Hosting Seniors that you have used and will use the Services in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security. Hosting Seniors does not render legal, tax, medical, nursing, or other professional advice or services. Hosting Seniors does not act or provide services as an employment or employee leasing agency. Hosting Seniors may change, suspend or end the Services or any services provided thereunder, or change and modify prices prospectively in its sole discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

Hosting Seniors is not responsible for any information, material, or ideas submitted by you or anyone else on the Services. More specifically, Hosting Seniors does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted by users, Communities, or others, nor does it endorse any opinions expressed by users, Communities, or others. You acknowledge that any reliance on material posted by other users, Communities, or others will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Services.

You authorize us to provide Services to you that store and distribute your information in order to provide you with the functions that the Services enable. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except in order to provide you with the functions that the Services enable, and except to the extent required by applicable law or under the terms of our Privacy Policy.

To the extent you are accessing any portion of the Services requiring a login ID or a password, you are responsible for all use of the Services made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify Hosting Seniors, its affiliates, and their respective members, managers, directors, officers, and agents against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately as provided in Section 10 below.

Users of the Services are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the Services to: (i) advertise or offer to sell or buy any goods or services; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.

Users are also prohibited from violating or attempting to violate the security of the Services. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with the Services, including submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (iv) forging any TCP/IP packet header or any part of the header information in any message or posting. Violations of any applicable law, regulation, or our system or network security may result in civil or criminal liabilities. Hosting Seniors reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Although under no obligation to do so, Hosting Seniors reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. Hosting Seniors reserves the right to expel users and members of the Services and to prevent their further access to the Services if they violate our Terms of Use or Privacy Policy. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our brand or public image, or damage to our relationship with our vendors or suppliers.

When you submit postings, comments, or other content to the Services, you grant us a limited, non-exclusive, royalty-free, transferable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant. By submitting suggestions or other feedback regarding the Services, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation.

If you purchase any of our paid services available on or through the Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription or access to the Services. Also: (a) your purchase may be subject to foreign exchange fees or differences in prices based on location; (b) to avoid interruptions in your service and to facilitate easier payment, you authorize us to store and continue billing your payment method, even after it has expired; (c) you must pay us for applicable fees and taxes unless you cancel the applicable paid service, in which case you agree to still pay these fees through the end of the applicable subscription period; and (d) taxes are calculated based on the billing information that you provide us at the time of purchase.

5. No Representations or Warranties; Limitations on Liability

The information and materials on the Services could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. HOSTING SENIORS AND/OR ITS SUPPLIERS, AGENTS, PRINCIPALS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SERVICES, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL HOSTING SENIORS, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS, AGENTS, OR PRINCIPALS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE SERVICES. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY OR NETWORK BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OUTAGES, DAMAGES, OR DELAYS ATTRIBUTABLE TO HOSTING SENIORS'S LICENSORS, VENDORS, OR SERVICE PROVIDERS, OR OTHER CAUSES BEYOND HOSTING SENIORS OR ITS AFFILIATES, AGENTS, OR REPRESENTATIVES' CONTROL.

If you are a California resident, you waive, to the extent applicable, California Civil Code §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."

6. Indemnification

You agree to indemnify, defend and hold harmless Hosting Seniors, its affiliates, and their respective officers, managers, directors, members, employees, and agents, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Services, your violation of any of these Terms of Use, or any misrepresentation of any representation or warranty made by you under these Terms of Use.

7. Governing Law and Dispute Resolution

These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Florida. Any dispute related to these Terms of Use or the Services will be submitted to binding arbitration in Sarasota, Florida, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to preserve the status quo or to prevent irreparable harm. Any dispute you may have with respect to the Services or these Terms of Use must be commenced by you within one year after it arises.

8. Changes to These Terms of Use

These Terms of Use were last updated on May ___, 2019. We may update our Terms of Use as our policies and procedures change from time to time. Without limiting the foregoing, Hosting Seniors reserves the right to change the Terms of Use or Privacy Policy under which the Services are offered at any time. We encourage you to periodically review this page to become aware of any changes. When you log-in or otherwise continue to use the Services, you will be using the Services subject to these Terms of Use (as updated). To the extent that any modification to these Terms of Use is deemed invalid or ineffective, for any reason, the terms and conditions of these Terms of Use as in effect immediately prior to such modification shall remain in effect and shall be controlling.

9. Entire Agreement

These Terms of Use, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and Hosting Seniors, and such Terms of Use govern your use of our Services, superseding all prior or contemporaneous agreements, understandings, or representations. You also may be subject to additional terms, conditions, and agreements concerning your use of specific products and services of Hosting Seniors (in each case, a "Customer Agreement"). In the event of any conflict or ambiguity between these Terms of Use and your specific Customer Agreement, the terms of your Customer Agreement will prevail. Except as provided in Section 7 or as expressly provided elsewhere in these Terms of Use, nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or entity, other than the parties to these Terms of Use, any rights or remedies under or by reason of these Terms of Use.

10. Copyright Notices/Complaints

It is Hosting Seniors' policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting Hosting Seniors' copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Hosting Seniors's agent for copyright issues relating to the Services is as follows:


Hosting Seniors LLC
1700 Village Square Blvd. #3-80076

Tallahassee, FL, 32312

Attention: Copyright

E-mail: support@hostingseniors.com

Phone: 941-312-1650

11. Notices

For notices that are directed to you under these Terms of Use (including as part of Hosting Seniors' general customer base), Hosting Seniors may give notice by means of any of the following: (a) a general notice on the Services; (b) by electronic mail to your e-mail address on record in Hosting Seniors's account information; or (c) by written communication sent by first class mail or pre-paid post to your address listed in Hosting Seniors's account information. All notices to be delivered by you to Hosting Seniors shall be in writing and shall be delivered by electronic mail to Hosting Seniors at the following address: support@hostingseniors.com. Either Hosting Seniors, on one hand, or you, on the other hand, may update its contact information for receiving notices by providing written notice of such update to the other party in the manner provided in this Section 10. A notice delivered electronically hereunder will be deemed to have been delivered on the date and time of the signed receipt or confirmation of delivery or transmission thereof, unless that receipt or confirmation date and time is not a business day or is after 5:00 p.m. local time on a business day, in which case such notice will be deemed to have been received on the next succeeding business day. A notice delivered by first class mail or pre-paid post will be deemed to have been given three (3) business days after mailing or posting.

12. Questions or Comments

Questions or comments regarding the Services or these Terms of Use should be sent by e-mail to support@hostingseniors.com, or you can call us at 941-312-1650.