Effective November 1st, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“SITE TERMS”) CAREFULLY. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS WEB SITE.
The Web site you are accessing (the “Site”) is provided by Texas Family Services, and/or an affiliate thereof (individually and collectively, “TFS”).
These Site Terms apply exclusively to your access to, and use of, the Site so please read them carefully. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with TFS or its affiliates, for services, products or otherwise. We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site.
Our Senior Care Partners
Any care provider that offers housing and/or supportive services to elderly and/or disabled individuals of the nature referenced on this Site (including Alzheimer’s care facilities, assisted living facilities, home care facilities, nursing home facilities, residential care facilities, retirement facilities, adult day care facilities, senior apartment facilities or hospice facilities), is eligible to be included on our website provided that such provider (1) represents to us that they are licensed, and will at all times remain licensed, by the state in which they operate (unless their state doesn’t require licensure), and (2) has entered into an agreement with us and paid a fee, or agreed to pay a fee in the future in certain circumstances, for being included in our product and services offerings. We impose no requirements on our partner providers as to the manner in which they deliver services to residents. Each provider included in our service has agreed to charge our clients in the same way they charge other clients for the same care level.
We help families evaluate the type of care needed by an elderly person including an assessment of issues such as care requirements, desired price level, and amenity preferences. Once we understand the individual’s needs and preferences, we help to identify the senior care providers in our participant group that could potentially meet those needs and preferences. The names of those providers are shared with the individual and/or family member. We also forward the individual’s name and pertinent information to the provider(s) along with a request that the provider contact such individual.
No Endorsement; No Affiliation
Due to the complicated and constantly changing healthcare delivery landscape, we exercise no independent judgment as to the quality of the provider(s), nor do we endorse or any provider(s). We do not provide specific advice regarding which provider(s) you should use and you should only make decisions regarding service providers after consulting with them, your family members and other knowledgeable sources, based on your specific needs, after a thorough review and investigation. We believe and are committed to educating family members on how to assess quality care so that they can make good decisions today and every day after a loved one is placed with a provider. TFS is not owned or affiliated or related in any way with any of the providers listed on our Site, except through the fee the provider pays us to be included.
No Professional Advice
The information contained in this Site may include content that relates to medical, legal, financial or other professional matters. It is provided for informational, educational and discussion purposes only and should not be used, interpreted, or relied upon as professional medical advice, diagnosis or treatment; legal; financial or professional advice; or advice regarding which service providers you should use. You should consult with a medical doctor, attorney, financial or other professional if you need assistance with matters that fall into their area of expertise.
Privacy and Consent to Communications
We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information. By filling out any forms on the Site or providing information to us, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our providers, whether by phone, mobile phone, email, mail or otherwise.
Use of Site; Limited License
You are granted a limited, non-sub licensable license to access and use the Site and all content, data, information and materials included in the Site (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in these Site Terms. You may not use the Site or any Site Materials for commercial purposes. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site or service any of the Site Materials. You will not use the Site or any of the Site Materials other than for their intended purpose or in any way that is unlawful, or harms TFS and/or its suppliers. Without prejudice to the foregoing, you may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses web “bots” or similar data gathering or extraction methods. 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. Any use of the Site or the Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.
Each person that is provided with a password and user ID to use the Site must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding TFS or the Site, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Texas Family Services is committed to helping families understand their senior housing needs and providing a variety of options and choices in obtaining care and services for loved ones. Consequently, Texas Family Services is not owned or affiliated or related in any way with any of the providers listed on our website, except through the fee the provider pays Texas Family Services to be included.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third Party Products and Services; Third-Party Content
We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party who advertises their goods or services through the Site. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Site. We do not represent or warrant that any third party who places advertisements on the Site is licensed, qualified, reputable or capable of performing any such service.
If you use a “Public Area”, such as a forum, message board, or other community area that allows user posts, you are solely responsible for any information, text, photos, content or material that you upload, post or transmit to the Site (“User Content”). You are also responsible for your reliance on any communications found in such areas. If you feel you or someone is in danger, or you believe illegal conduct may take place or has taken place, you should contact your local law enforcement agency immediately. If you believe you may have a medical emergency, call your doctor or 911 immediately.
You agree that you will not engage in any of the following activities, any of which would be deemed a breach of the Site Terms:
- Violating local, state, or other applicable laws or regulations;
- Posting User Content that infringes the intellectual property rights, privacy, publicity or other rights of any third party;
- Posting User Content that is unlawful, obscene, defamatory, threatening, harassing, hateful, or embarrassing to any third party as determined in our sole discretion;
- Posting advertisements or other materials to solicit business for yourself or any third party;
- Disrupting or impeding the discussion flow of others on the Site;
- Posting chain letters or pyramid schemes;
- Impersonating a third party or implying you are someone other than who you are;
- Distributing viruses or other harmful or malicious computer code;
- Collecting information about others without their explicit written consent;
- Allowing a third party to use your identification or to pretend they are you; or
- Engaging in any conduct that disrupts or impedes a third party’s use and enjoyment of the Site, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type.
TFS may, but is not obligated to, do one or more of the following:
- Record, monitor, modify or disclose User Content;
- Investigate a complaint that User Content violates the Site Terms, and determine in our sole discretion whether to remove the material or take other action;
- Remove User Content if we determine in our sole discretion that a violation of the Site Terms has occurred or may occur in the future; or
- Terminate a user’s access to the Site (or any portion thereof) if he or she has violated our Site Terms.
THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. TFS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE. IN ADDITION, TFS IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY SERVICE PROVIDER OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY ALZHEIMER’S CARE FACILITY, ASSISTED LIVING FACILITY, HOME CARE FACILITY, NURSING HOME FACILITY, RESIDENTIAL CARE FACILITY, RETIREMENT FACILITY, ADULT DAY CARE FACILITY, SENIOR APARTMENT FACILITY OR HOSPICE FACILITY, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM TFS OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. TFS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, TFS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL TFS BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF TFS.
Limitation of Liability
IN NO EVENT WILL TFS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SITE MATERIALS.
We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.
Applicable Law and Venue
These terms and conditions are governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and entirely to be performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Seattle, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Sites.
Copyright, Trademark and Patent Notices
Portions of the Sites are protected by TFS intellectual property rights and unless otherwise explicitly indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of TFS and its suppliers and are protected by U.S. and international copyright laws. The TFS name, and any TFS products and services slogans or logos referenced herein are either trademarks or registered trademarks of TFS in the United States and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. If you are a copyright owner and believe your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to email@example.com –Attn: General Counsel. Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement. The parties have required that the Site Terms and all documents relating thereto be drawn up in English.