ACCEPTANCE OF TERMS
Welcome to Assisted Living On-Line (ALOL). ALOL provides its service to
you, subject to the following Terms. Terms may be changed by ALOL from
time to time without notice. In addition, when using
particular ALOL services, you shall be subject to any posted guidelines
applicable to such services. We reserve the right of refusal to post
information in our website. All entries, codes, art, and any item not
described here is the sole property of Assisted Living On-Line and/or
collaborating entities.
DESCRIPTION OF SERVICE
ALOL currently provides users with a collection of on-line resources for
Assisted Living and related senior information. You understand and agree
that the Service is provided "AS-IS" and that ALOL and staff cannot
guarantee the quality or credibility of any of the communities or
resources listed with us.
In order to use ALOL, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any
service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself and/or the
center/community/resource, (b) maintain and promptly notify ALOL of
any change of information. If you provide any information that is untrue,
inaccurate, not current or incomplete, or ALOL has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, ALOL will not post and/or delete the entry.
LISTING OPTIONS AVAILABLE
Listings:
You may list centers/communities for the amount described and/or
specified on the Add a Community Page. The current fee(s) is/are
renewable and billable annually. Listings include your name, link
to your website, if available, location information, and a short
description posted on the corresponding State Pages at Assisted Living
On-Line.com
FEES
On-Line Payments- $250.00, there are no set up fees added.
Invoiced or Pay Later - Billed at $250.00 plus a one-time set-up fee of 50.00.
Invoices will be faxed where possible, prompt payment is expected.
Overdue payments are subject to a $50.00 service charge per month when the
bill is over 30 days. A late charge of $50.00 will be assessed for
every month over 30 days considered "late". "Late" means an invoice which
is past-overdue for more than 30 days after the original invoice date.
All past due bills
and late charges are due and will be submitted to a collection agency for
recovery.
CANCELLATION
Notice must be given in writing or via e-mail from an authorized party
in order to cease changes for renewing a listing for the upcoming year.
If no notice is given charges are automatically incurred and late fees
will apply.
ADVERTISING
Banners and other forms of promotion can be considered. Rates vary
according to placement, size and frequency of advertising. Contact Assisted Livng On-Line for a current ad rate sheet.
ALOL PRIVACY POLICY
Pursuant to ALOL privacy policy, we may disclose to third parties certain
aggregate information contained in your Center Data or related data,
provided that, such information will NOT include personally identifying
information, except as specifically authorized by you or in the good faith
belief that such action is reasonably necessary to comply with the law,
legal process, or to enforce the this agreement.
You understand that all information, data, text, software, photographs,
graphics, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not ALOL, are
entirely responsible for all Content that you supply, post, email or
otherwise transmit to ALOL. ALOL does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. Under no circumstances will ALOL be liable in any
way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed or otherwise
transmitted via the Service.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
CONTENT SUBMITTED TO ALOL
ALOL does not own content you submit, unless we specifically tell you
otherwise before you submit it. You license the Content to ALOL as set
forth below for the purpose of displaying and distributing such Content on
our website and for the promotion and marketing of our services. By
submitting Content to ALOL property, you automatically grant, or warrant
that the owner of such Content has expressly granted, ALOL the
royalty-free, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later
developed. You acknowledge that ALOL pre-screens Content, ALOL and/or its
designees shall have the right in their sole discretion to refuse, edit,
move or remove any Content that is publicly available via ALOL. Without
limiting the foregoing, ALOL and/or its designees shall have the right to
remove any Content that violates the terms or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content.
INDEMNITY
You agree to indemnify and hold ALOL, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your Content, your use of
Assisted Living On-Line, your connection to ALOL, your violation of the
terms, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of ALOL, use of the ALOL, or access
to ALOL.
CHANGES/MODIFICATIONS TO ALOL
ALOL reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, ALOL service (or any part
thereof) with or without notice. You agree that ALOL shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of ALOL service.
LINKS
ALOL may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because ALOL has no control over such sites and
resources, you acknowledge and agree that ALOL is not responsible for the
availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that ALOL shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
ALOL PROPRIETARY RIGHTS
You acknowledge and agree that ALOL and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through ALOL or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by ALOL or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALOL
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ALOL MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM ALOL OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALOL SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALOL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE ALOL; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
ALOL; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ALOL; OR (v) ANY
OTHER MATTER RELATING TO ALOL.
NOTICES
Notices to you may be made via either email or regular mail. ALOL may also
provide notices of changes to the terms or other matters by displaying
notices or links to notices to you generally on ALOL Homepage.
TRADEMARK INFORMATION
Assisted Living On-Line, ALOL logo, products and service names are
trademarks of Assisted Living On-Line. Without ALOL prior permission, you
agree not to display or use in any manner, ANY ALOL markings.
COPYRIGHTS and COPYRIGHT AGENTS
ALOL respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide ALOL Copyright Agent the
following information:
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email
address;
• a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
• a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf.
ALOL Copyright Agent for Notice of claims of copyright infringement on its
site is Felix L. Negron who can be reached as follows:
By mail:
Felix L. Negron
c/o Assisted Living On-Line
P.O. Box 6158
Olympia, WA 98504
GENERAL INFORMATION
The terms constitute the entire agreement between you and ALOL and govern
your use of ALOL, superseding any prior agreements between you and ALOL. You
also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party software. The
terms and the relationship between you and ALOL shall be governed by the
laws of the State of Washington without regard to its conflict of law
provisions. You and ALOL agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Thurston, State of
Washington. The failure of ALOL to exercise or enforce any right or
provision of the terms shall not constitute a waiver of such right or
provision. If any provision of the terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties; intentions as reflected in
the provision, and the other provisions of the terms remain in full force
and effect.
The section titles in the terms are for convenience only and have no legal
or contractual effect.
VIOLATIONS
Please report any violations of the terms to Assisted
Living On-Line