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TERMS OF USE

Last Modified: September 28, 2017

Welcome to the website of Senior Living Innovations, LLC a Delaware limited liability company (“Senior Living Innovations,” “us” “our” or “we“). The following terms and conditions, together with any documents they incorporate by reference (collectively, the “Terms of Use” or “Terms” or “Agreement“), are legally binding and govern your access to and use of our websites (collectively, the “Website“), Realtime Senior Living Facilities App, the Realtime Senior Living Search Query App (collectively, the “Apps“), and any of our other services and tools related to your access to the Website and the Apps (collectively, we will refer to such other services and tools provided by Website, along with the Apps, as the “Service“). Please read the Terms of Use carefully before using the Website or Services and let us know if you have any questions or concerns. The Website and Services are available ONLY TO USERS 18 YEARS OF AGE OR OLDER.

Acceptance and Modification of the Terms of Use

By accessing or using the Website or Services, or by clicking to accept or agree to the Terms of Use when this option is made available, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound and abide by the Terms of Use, which includes our Privacy Policy, incorporated herein by reference. Please read these Terms of Use carefully, and keep a copy of them for your reference. If you do not wish to agree to the Terms of Use or the Privacy Policy, you must not access or use the Website or Services.

Privacy

We value your privacy and understand your privacy concerns. Please review our Privacy Policy, which also governs your access to and use of the Website and Services, so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Website or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further understand that any information collected by Senior Living Innovations may be transferred to the United States and/or other countries for storage, processing and use by Senior Living Innovations and its affiliates.

Who Uses Our Website and Services

We make our Website and Services available to different types of visitors, although an individual may be one or more of these types of visitors depending on the nature of his or her interactions with our Site and Services.

Senior Living Facility: A homeowner or property manager who has the authority to advertise on the Site or Services.

User: An individual who uses the Site or Services for any purpose other than as a homeowner or property manager who is advertising on the Site or Service. Users may be using to browse Senior Living Facility profiles, apply for or contact an assisted living facility through the Site or Services, and/or to read or otherwise engage with Senior Living Facility research and other content on the Site or Services or through email.

Collectively, Senior Living Facilities and Users are referred to herein as “visitors.”

Our Apps and Other Services

We currently offer two Apps. The Realtime Senior Living Facilities App is available to Senior Living Facilities who have registered and, if applicable, paid all associated registration and account fees. The Realtime Senior Living Facilities App allows Senior Living Facilities to provided information about their facilities and services, which will then be accessible to visitors on the Website and/or the Realtime Senior Living Search Query App.

The Realtime Senior Living Search Query App is an application connecting interested Users with senior housing searches for Senior Living Facilities, such as short- and long-term assisted living, memory care, independent senior living, senior apartments and home care.

The Website and the Services are intended to assist Users with locating senior housing. Senior Living Innovations receiving compensated from third parties, such as Senior Living Facilities, for displaying information submitted by such third-parties, including information about the Senior Living Facilities services and availability.

Senior Living Innovations does not provide a venue for contracting with Senior Living Facilities. We do not own or manage, nor can we contract for, any Senior Living Facilities. The Website and Services are merely informational. If a visitor desires to contract with a Senior Living Facility, the visitor will need to contact the Senior Living Facility and contract with it directly. Senior Living Innovations is not a party to any transaction between Users and Senior Living Facilities, and Senior Living Innovations disclaims all liability arising from or related to the same.

All visitors should be responsible about their use of the Website and Services, including independently reviewing and researching thoroughly (either on their own or with the use of reputable third parties, such as insured placement agencies) any Users or Senior Living Facilities before entering into any such transactions.  Many states make available publically assessments and other information on senior housing options and Users should review this information before making any decisions, including state’s Department of Health Services.

Code of Conduct

  • You understand and agree you are solely responsible for and agree to abide by any and all laws, rules, ordinances, regulations and tax obligations that may apply to your use of the Website and Services, including if you are a Senior Living Facility any that are applicable to the listing of your Senior Living Facility with us, payment of fees owed to us, and the conduct of and operation of your Senior Living Facility business.

  • In connection with your use of the Services and Website, you may not and you agree that you will not:

    • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and tax regulations;

    • hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Website, Service, or visitors;

    • defame anyone;

    • defraud, mislead, or otherwise act dishonestly;

    • copy, store, or otherwise access any information contained on the Website or Services, or within any content appearing therein, for purposes not expressly permitted by these Terms;

    • use the content, Website or Services for any commercial or other purposes that are not expressly permitted by these Terms;

    • use the content, Website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;

    • stalk or harass any other visitors to the Website or Services, or collect or store any personally identifiable information about any other visitors other than for purposes of transacting with such visitor and subject to such visitor’s consent;

    • impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;

    • run any bots or other software to aggregate or browse our content;

    • post fake information, whether it is about a senior housing facility or services, company, or your own credentials;

    • infringe on anyone’s intellectual property rights;

    • otherwise act in a manner which, at Senior Living Innovations’ sole discretion, is objectionable, or which may bring Senior Living Innovations, the Website or the Services into disrepute.

Service Fee Payable by Senior Living Facilities and the Subscription Term

We charge a service fee payable by the Senior Living Facilities who choose to list on the Website and Services. The service fee covers the use of the Realtime Senior Living Facilities App for the subscription term specified at the time of order. There are no refunds and, unless set forth otherwise on the order, all fees are due in advance. You agree to pay us by one of the methods described on our Website or the Senior Living Facilities App. You hereby authorize the collection of such amounts by charging your credit card, which charge may be done either directly by us or indirectly, via a third party payment processor or by one of the payment methods described on our Website or the Senior Living Facilities App. If you are directed to a third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.

Your subscription term shall automatically renew for successive subscription terms of equal length unless you cancel the subscription’s automatic renewal. Subscription automatic renewal can be cancelled by managing your subscriptions through your App Store. For example, on an Apple device, you would tap iTunes & App Store from your Settings and follow the instructions. For a Google Play device, launch the Google Play Store App. If you have any questions about how to turn off a subscription’s automatic renewal, please contact us at Info@RealtimeSL.com.

Electronic Communications

Visiting our Website, using our Services or sending emails to Senior Living Innovations 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 posting on the Website, sending email and/or posting on the Apps, satisfy any legal requirement that such communications be in writing.

Your Account

To access the Website or Services, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Services that you (i) provide correct, current and complete information about yourself as prompted by the registration form for the Website or Services (such information being the “Registration Data“) and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete. You agree that all information you provide to register or otherwise, including without limitation through any interactive features of the Website or the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You further agree that Senior Living Innovations may provide any and all notices, statements, and other communications to you through email to the email address provided in the Registration Data.

If you create, or are provided with, a user name, password or any other information as part of our security procedures, you agree to treat such information as confidential, and that you will not disclose such information to any other person or entity. You further agree that your account is personal to you and that you will not provide any other person access to the Website or the Services, or any portions of the same, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Your Submissions

We do not and cannot review all communications and materials posted to or created by visitors accessing the Website or Services, including any reviews that may be posted by Users of the Website or Services and/or information posted by Senior Living Facilities concerning its senior housing options and services, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute visitor generated content on the Website and Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website or Services. However, we do reserve the right, without any obligation to notify you of the removal or to retain the removed content, to block or remove communications or materials that we determine to (i) be unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) create a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seek to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violate, or encourage any conduct that violates these Terms, laws or regulations or contains any information or content that is illegal; (v) infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships or (vi) be offensive or otherwise unacceptable to us at our sole discretion. Furthermore, it is our policy to decline unsolicited suggestions and ideas.

Notwithstanding our policy with regard to unsolicited suggestions and ideas, any user generated content on the Website or Services, and any inquiries, feedback, suggestions, ideas or other information you provide to us (collectively, “Submissions“) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting a Submission, you hereby grant us a non-exclusive, worldwide, royalty-free, fully paid up, perpetual, irrevocable, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in your Submission.

Special Note to Senior Living Facilities: SENIOR LIVING FACILITIES ARE REQUIRED TO MAINTAIN CURRENT, UP-TO-DATE AVAILABILITY AND OTHER INFORMATION CONCERNING THEIR SENIOR LIVING FACILITY. A Senior Living Facility must promptly access its account and updated/verified this information when prompted by the application, as well as when any status changes. At a minimum, at least twice weekly Senior Living Facilities should review and update their information to ensure it reflects the most current, accurate data. The Realtime Senior Living Facility App will regularly prompt you to update if you agree to accept notifications from the application. To turn on or off notifications, find the application within your Settings on your phone and change your setting option. However, even if you opt to not receive such notifications, you are still responsible for regularly updating your information as required herein. Any failure to update in accordance with these Terms shall be grounds for immediate removal of the Senior Living Facility from listing on the Website and in the Services, without the Senior Living Facility being entitled to any refund of service fees. Once the Senior Living Facility accesses its account and updates/verifies the information to Senior Living Innovation’s satisfaction, the Senior Living Facility will be relisted on the Website and in the Services, subject to the Senior Living Facility continuing to abide by the updating/verification requirements set forth in these Terms.

Links to Third {arty Applications/Third Party Services

Senior Living Innovations may links to third party websites (“Linked Sites”) from our own Website or the Services, including websites for Senior Living Facilities or third party payment processors. The Linked Sites are not under the control of Senior Living Innovations and Senior Living Innovations 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. Senior Living Innovations is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Senior Living Innovations of the Linked Site or any association with its operators.

Our Intellectual Property

All content, features and functionality available on or through the Website or Services, including but not limited to the Apps, text, graphics, logos, button icons, images, audio and video clips, data compilations, software and computer code, and the design, selection and compilation thereof (collectively, the “Content“) is the property of Senior Living Innovations and its affiliates, partners or licensors, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary laws. The Realtime Senior Living name, trademarks, logos, product and service marks, and designs and slogans displayed on the Website or Services (collectively, the “Trademarks“) are the marks and registered marks of Senior Living Innovations and its affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. You are not permitted to use these Trademarks without the prior written consent of Senior Living Innovations or such third party that may own the marks. Furthermore, except as set forth below in this section, or as required under applicable law, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit, in whole or in part, any of the Content, Trademarks, or any portion of the Website or Services, for any purpose, without Senior Living Innovations’ express prior written consent. No right, title or interest in or to the Website, Services or Content is transferred to you, and all rights not expressly granted in the Terms of Use are reserved by Senior Living Innovations. Any use of the Website or Services not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, or other laws.

Senior Living Innovations grants you a limited, non-exclusive, non-transferable license, to access and view any Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. We may revoke this license right at any time for any reason. If we so request, you agree to immediately take action to cease all previously permitted use.

Senior Living Innovations depends on visitor-submitted content, such as senior housing options and services descriptions—as well as our own content—in order to preserve its search rankings and be unique in general. Because of the nature of our Website and Service, it is necessary that we protect our Content from being distributed elsewhere, no matter how well-intentioned such a distribution might be. Therefore, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Website or Services, or our Website itself, without our prior written permission, regardless of whether it is created or owned by Senior Living Innovations, or licensed to us by some third party, such as another visitor. This includes a prohibition on copying any Content which would otherwise be in the public domain, protected by the doctrine of fair use, or otherwise able to be legally copied. You may, of course, copy such things from other sources where otherwise legally permitted to do so.

Your Intellectual Property

Because our Services permit visitor-uploaded content, we must ensure that all content uploaded to us may be used legally by us without having to remove it at a later date due to a revocation of license by the uploading visitor, or a copyright complaint by the rightful owner. Although we are protected by the Digital Millennium Copyright Act for the alleged infringement by third-party users, complying with takedown requests still costs us time and money. Therefore, by uploading any content to our website, you agree that you grant us a universal, perpetual, sub-licensable, commercial, and non-commercial, irrevocable license to use such content, and you represent to us that you have the right to grant such a license. You agree to indemnify us as well as any third party affected by your wrongful representations if you should represent falsely that you have the right to grant this license.

DMCA Notices

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

  • your name;

  • the name of the party whose copyright has been infringed, if different from your name;

  • the name and description of the work that is being infringed;

  • the location on our website of the infringing copy;

  • a statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;

  • a statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
    You must sign this notification and send it to our Copyright Agent at:

Attn: Realtime Senior Living Copyright Agent
2602 E Bighorn Ave

Phoenix, AZ 85048

Info@RealtimeSL.com

If sending the notification by email, an electronic signature is acceptable.

Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.

Your Obligations & Responsibilities.

You may use the Website and Services only for lawful purposes and in accordance with the Terms of Use. In the access or use of the Website or Services, you must comply with the Terms of Use and any special warnings or instructions for access or use posted on the Website or Services. Without limiting the generality of any other provision of these Terms of Use, if you default, negligently or willfully, in any of the obligations set forth in the Terms of Use (including our Privacy Policy), you will be liable for all losses and damages that such default may cause to Senior Living Innovations, our affiliates, partners or licensors.

Promotions.

We may, at our sole option, from time to time offer Website promotions. The terms and conditions for all promotions (if any) will be explicitly stated in the e-mail, advertisement, article or other communication to which they are associated (such as eligibility requirements, dates of availability, contents of the promotion, etc.). For additional information related to any promotion, please contact Info@RealtimeSL.com.

Maps.

Maps provided on the Website or with the Services that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.

Indemnification

You agree to indemnify, defend and hold harmless Senior Living Innovations, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or Services, any postings made by you, your violation of Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Senior Living Innovations 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 Senior Living Innovations in asserting any available defenses. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSS, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE OR OTHERWISE ATTEMPTS TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR SERVICES.

Choice of Law and Forum for Disputes

These Terms are governed by the laws in force in the State of Arizona, disregarding any choice of law provisions that might provide otherwise. The offer and acceptance of this contract is deemed to have occurred in Arizona. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Arizona. Specifically, you agree that any disputes shall be heard, where eligible, solely within the Arizona Justice Court (“Justice Court”).

You agree that where the amount you would otherwise claim exceeds the monetary jurisdiction of the Justice Court, which at the time of the publication of this Agreement is up to $10,000, you will waive your right to collect any damages in excess of the monetary jurisdiction and instead only sue us for the maximum amount of $10,000.

Likewise, if you have multiple causes of action, you agree that if your claim would be eligible to be heard by the Justice Court, except that one or more of the causes of action or other rights to collect damages would not be eligible for the Justice Court to hear, you will waive your right to claim damages for any of the ineligible claims and instead still bring the dispute in the Justice Court for only the claim or claims over which the Justice Court has jurisdiction to hear.

Likewise, if you would otherwise have any non-monetary remedies available to you outside of the Justice Court, such as the right to an injunction, specific performance, or other equitable relief, you agree that you will waive your right to obtain such relief against us. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.

Limitation of Liability and Warranty Disclaimer

We make no representations or warranties as to the merchantability of our Content, Website, or Services or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from these Terms of Use or our products or services, for reasons including, but not limited to, failure of our Website or Services, loss of income, negligence, or any tort or other cause of action. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.

You agree that we are not responsible in any way for offers made by third parties through our Website or Services (including Senior Living Facilities and Users).

IF YOU CHOOSE TO USE THE WEBSITE AND/OR THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT SENIOR LIVING INNOVATIONS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR OTHER CHECKS ON ANY USER OR SENIOR LIVING FACILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SENIOR LIVING INNOVATIONS, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR THROUGH THE WEBSITE, SERVICES OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER VISITORS TO THE WEBSITE OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USERS OR SENIOR LIVING FACILITY. YOU UNDERSTAND THAT SENIOR LIVING INNOVATIONS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF VISITORS ON THE WEBSITE OR SERVICES OR TO EVALUATE THE ACCURACY OF SENIOR LIVING FACILITIES POSTED INFORMATION. SENIOR LIVING FACILITIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF VISITORS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE VISITORS TO THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER VISITORS TO THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND SENIOR LIVING FACILITIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR OTHERWISE FACILITATED BY SENIOR LIVING INNOVATIONS. NEITHER SENIOR LIVING INNOVATIONS, NOR ANY OF ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY USERS, SENIOR LIVING FACILITIES OR ANY OTHER SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.

SENIOR LIVING INNOVATIONS TOGETHER WITH ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, PROVIDE THE WEBSITE, SERVICES AND CONTENT “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SENIOR LIVING INNOVATIONS, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE SENIOR LIVING INNOVATIONS, NOR ANY OF ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY THAT THE WEBSITE, SERVICES, OR CONTENT, INCLUDING, BUT NOT LIMITED TO, THE SENIOR LIVING FACILITIES AND THE CONTENT PROVIDED BY THEM INCLUDED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NEITHER SENIOR LIVING INNOVATIONS, NOR ANY OF ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES OR DURING THE COURSE OF YOUR USE OF THE WEBSITE OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, DAMAGES ARISING FROM A PARTY’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR LOST BUSINESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000).

Termination/Sccess restriction

Senior Living Innovations reserves the right, in its sole discretion, to terminate your access to the Website and the Services or any portion thereof at any time, without notice.

Entire Agreement.

You acknowledge and agree that the Terms of Use, which include our Privacy Policy, constitute the complete and exclusive agreement between you and Senior Living Innovations concerning your use of the Website and Services, and supersede and govern all other prior or contemporaneous proposals, agreements, representations and warranties or other communications, both written and oral, with respect to the Website and Services.

Relationship.

Nothing contained in these Terms of Use will be construed as creating any relationship of agency, partnership, joint venture, employment, franchise or other form of joint enterprise between you and us.

Waiver.

Our failure to require your performance of any provision of the Terms of Use will not affect our full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself, now or in the future.

Assignability.

We may assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.

Severability.

In the event that any provision of these terms and conditions is unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole.

Changes to Terms

We may amend these Terms from time to time, and the amended version will be posted on our Website in place of the old version and it is your responsibility to check these terms for any amendments. We will also include the date that the currently displayed Terms took effect to help you determine whether there have been any changes since you last used our website. Like our Privacy Policy, you must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms. If you do not agree to the new Terms, you must immediately cease using our Content, Website, and Services.

Application and Mobile Platform Providers.

WITH RESPECT TO ANY MOBILE APPLICATION, EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT NO MOBILE PLATFORM PROVIDER, SUCH AS APPLE INC. (“APPLE”) OR GOOGLE INC., HAS ANY OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES.

THE MOBILE PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ANY OF YOUR CLAIMS RELATING TO THE MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION, (A) PRODUCT LIABILITY CLAIMS, (B) CLAIMS THAT THE MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (C) CLAIMS ARISING UNDER ANY CONSUMER PROTECTION OF SIMILAR LEGISLATION, AND (D) CLAIMS THAT THE APPLICATION INFRINGES ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

IF YOU USE ANY MOBILE APPLICATION OFFERED BY SENIOR LIVING INNOVATIONS, YOU HERETO AGREE AND ACKNOWLEDGE THAT APPLE IS A THIRD PARTY BENEFICIARY OF THESE TERMS OF USE, AND THAT, UPON YOUR ACCEPTANCE OF THESE TERMS OF USE, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THESE TERMS OF USE AGAINST YOU AS A THIRD PARTY BENEFICIARY HEREOF.

If you have any questions regarding these Terms of Use, please contact us at:

Senior Living Innovations, LLC

2602 E Bighorn Ave

Phoenix, AZ 85048

Info@RealtimeSL.com