Agreement between user and seniorcarecentral.net
Welcome to seniorcarecentral.net. The seniorcarecentral.net website (the “Site”) is comprised of various web pages operated by Senior Care Central, LLC (“SCC”). seniorcarecentral.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of seniorcarecentral.net constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you object to anything in these Terms of Use or the SCC Privacy Policy, or otherwise do not understand or agree to be bound by these Terms of Use and the SCC Privacy Policy, do not use the Site and exit immediately. Continued use of this site shall be considered as agreement and consent to the Terms of Use.
seniorcarecentral.net is a site that offers resources, consulting and educational training. User understands and agrees that SCC has no control over the acts or omissions of any User on or off the Site and that SCC makes no representations or warranties about the quality of the care services provided by any User. User understands and agrees that SCC is not responsible for the performance or conduct, whether on or off the Site, of any User. As such, SCC expressly disclaims, and each User expressly releases SCC from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/ or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the Site.
Transactions are Between Users; Release
Users transact between themselves. SCC expressly disclaims, and each User expressly releases SCC from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users.
Privacy
Your use of seniorcarecentral.net is subject to SCC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting seniorcarecentral.net or sending emails to SCC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
COPPA Compliance
The Site is intended for people 18 and older. SCC will not knowingly collect any information from children under the age of 13. User must identify their age during the registration process. SCC expressly disclaims, and each User expressly releases SCC from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. SCC reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Site and each User agrees to make no further use of the Site after termination and/or during suspension.
Consumer Reports
SCC may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks and identification verifications (“consumer reports”). SCC does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. SCC does not independently verify information in the consumer reports and cannot guarantee the accuracy and completeness of any such information. User hereby consents to SCC collecting, using and disclosing the information in the consumer reports. User understands and agrees that SCC may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that SCC shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. SCC reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in SCC’s sole discretion.
No Professional Advice; Information Only
Any information, materials, content and/ or advice on the Site, including without limitation the Compendium located at http://compendium.SCC.com, as well as on the Facebook pages, including without limitation at www.facebook.com/http://www.facebook.com/pages/Senior-Care-Central/235733066556018 and http://www.facebook.com/pages/Senior-Care-Central/235733066556018, and the Twitter pages, including without limitation at www.twitter.com/scc_net, are for informational purposes only. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. SCC expressly disclaims, and each User expressly releases SCC from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site, including without limitation on the Compendium, Facebook page or Twitter.
Suspension and Termination
SCC may suspend and/or terminate a User’s membership for any reason or for no reason at all and with or without notice and/or refund, all in SCC’s sole discretion. Suspension and/or termination of a User’s membership may include restricting access to and use of the Site and may also include the deletion of the content associated with the User’s membership. Each such suspended and/or terminated User agrees to make no further use of the Site during suspension or after termination. SCC reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against Users for continuing to use the Site during suspension or after termination, and User agrees that SCC may recover its reasonable attorney’s fees and court costs from User for such actions. Even while the User’s membership is suspended and after it is terminated, these Terms of Use will remain enforceable against such suspended and/or terminated User. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.
Limited License
SCC grants User a nonexclusive, revocable right to use the Site for the authorized purposes stated in these Terms of Use provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Site in any manner or form; or (C) violate these Terms of Use.
Modifications to the Site
SCC reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site with or without notice to Users. User agrees that SCC shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof.
Phone Support Services
SCC additionally offers phone support services, including without limitation concierge services and third party sponsored phone support services (collectively, “Phone Support Services”). Phone Support Services, including telephone communications with SCC and the subsequent receipt, acceptance and/or use of information in connection with Phone Support Services, are subject to these Terms of Use, and each use of Phone Support Services, including telephone communications with SCC and the subsequent receipt, acceptance and/or use of information in connection with Phone Support Services, also constitutes a use of the Site subject to these Terms of Use. SCC provides Phone Support Services for informational purposes only and does not deliver any professional advice, direction or guidance. User further understands and agrees that fees paid in connection with the Phone Support Services, if any, is for the delivery of information only and not for any advice, direction or guidance. User’s receipt, acceptance and/or use of any information in connection with Phone Support Services is User’s further express understanding and agreement to be bound by these Terms of Use, including without limitation all limitations, releases and indemnities in these Terms of Use. User further understands and agrees that any transaction with another User following the receipt, acceptance and/or use of information is a transaction between Users and not with SCC. If User uses Phone Support Services, then User expressly agrees to release SCC, and SCC hereby expressly disclaims, any and all liability whatsoever for any controversies, claims, suits, injuries and/ or damages arising from and/or in any way related to the use of Phone Support Services, including without limitation the receipt, acceptance and/or use of information in connection with Phone Support Services.
Links to Third Party Sites/Third Party Services
Seniorcarecentral.net may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SCC and SCC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SCC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SCC of the site or any association with its operators.
Certain services made available via seniorcarecentral.net are delivered by third party sites and organizations. By using any product, service or functionality originating from the seniorcarecentral.net domain, you hereby acknowledge and consent that SCC may share such information and data with any third party with whom SCC has a contractual relationship to provide the requested product, service or functionality on behalf of seniorcarecentral.net users and customers.
No Joint Venture
User acknowledges that it is not legally affiliated with SCC in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by User’s use of the Site or these Terms of Use. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on SCC, except as provided herein or authorized in writing by SCC. SCC is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use seniorcarecentral.net strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SCC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SCC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SCC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SCC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SCC or our licensors except as expressly authorized by these Terms.
Fair Credit Reporting Act
If consumer reports that are governed by the Fair Credit Reporting Act, 15 USC 1681 (“FCRA”) are used, User hereby represents and warrants that it will comply with the FCRA, which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov. SCC provides a summary of FCRA rights for Users who authorize such consumer reports, and SCC also provides notice when SCC elects to terminate Users based on information in such consumer reports. User agrees to comply with any applicable provisions of the FCRA relevant to them at all times. SCC expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the use and sharing of any information in the consumer reports.
Notice of Availability of Filtering Software
Pursuant to the Communications Decency Act, all Users are hereby informed by SCC, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov in the whitepaper entitled Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.
U.S. Export Controls
The Site is subject to United States export controls. No part of the Site may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
Use of Communication Services
The Site may contain bulletin board services, chat areas, blogs, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
SCC has no obligation to monitor the Communication Services. However, SCC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SCC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SCC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SCC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SCC does not control or endorse the content, messages or information found in any Communication Service and, therefore, SCC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SCC spokespersons, and their views do not necessarily reflect those of SCC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to seniorcarecentral.net or posted on any SCC web page
SCC does not claim ownership of the materials you provide to seniorcarecentral.net (including feedback and suggestions) or post, upload, input or submit to any SCC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SCC, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SCC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SCC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your SCC account to third party accounts. By connecting your SCC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by SCC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SCC Content accessed through seniorcarecentral.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless SCC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SCC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SCC in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SENIOR CARE CENTRAL, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SENIOR CARE CENTRAL, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SENIOR CARE CENTRAL, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANTICIPATED OR UNANTICIPATED, TITLE AND NON-INFRINGEMENT. THESE WARRANTIES SET FORTH MAY NOT BE MODIFIED BY COURSE OF DEALING OR USAGE OF TRADE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SENIOR CARE CENTRAL, LLC AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, ANTICIPATED OR UNANTICIPATED, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INCLUDING THE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF SENIOR CARE CENTRAL, LLC, STRICT LIABILITY OR OTHERWISE, EVEN IF SENIOR CARE CENTRAL, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
SCC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SCC as a result of this agreement or use of the Site. SCC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SCC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SCC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SCC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SCC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SCC reserves the right, in its sole discretion, to change the Terms under which seniorcarecentral.net is offered. The most current version of the Terms will supersede all previous versions. SCC encourages you to periodically review the Terms to stay informed of our updates.
Jurisdiction and Venue
This agreement, these Terms of Use, and all aspects of the use of this site, are governed by the laws of the State of Indiana. You hereby consent to the exclusive jurisdiction and venue of courts in the County of LaPorte, Indiana and the Federal Court Northern District of Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
General Provisions
Failure by SCC to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Site, shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. These Terms of Use constitute the entire agreement between User and SCC with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.
Contact Us
SCC welcomes your questions or comments regarding the Terms:
Senior Care Central, LLC183 Puma Lane Ridgway, Co., 81432
Email Address: info@seniorcarecentral.net
Telephone number: 219-262-0798 | 800-842-9619
Effective as of November 01, 2012, updated November 20, 2015