By accessing and or using any of the Massachusetts Senior Care
Association, Inc. or Massachusetts Senior Care Foundation, Inc. (collectively “Mass.
Senior Care” or “we” or “us”) internet properties, including maseniorcare.org and
maseniorcarefoundation.org (collectively referred to as the “Websites”), you
agree to comply with and be bound by the terms and conditions set forth herein
(the “Terms”). These Terms include any operating rules, policies or
pricing schedules associated with any of our services and/or other supplemental
terms and conditions or documents expressly incorporated herein by reference
and/or published from time to time. Please read these Terms carefully as
do not agree to these Terms in their entirety, you are not permitted to access
or use the Websites.
- Acceptance. You agree to these Terms with
respect to your use of the Websites. These Terms constitute the entire
and only agreement between you and Mass. Senior Care with respect to your use
of the Websites, and supersede all prior or contemporaneous agreements,
representations, warranties and/or understandings with respect to the
Websites. We may amend these Terms from time to time, in our sole
discretion, without specific notice to you. The latest Terms will be
posted on the Websites, and you should review these Terms prior to using the
Websites. By your continued use of any of the Websites, you hereby agree
to all the provisions contained within these Terms effective at that
time. Therefore, you should regularly check this page for updates and/or
- Description of Websites and Website Features.
The Websites are designed to serve the communities of nursing and
rehabilitation facilities, assisted living residences, residential care
facilities and continuing care retirement communities, including providers, consumers,
and family members. Several Website features are available to both
visitors and Mass. Senior Care members (“Members”). Certain features are
available only to Members. Unless explicitly stated otherwise, any future
offer(s) made available to you on the Websites that augments or otherwise
enhances the current features of the Websites shall be subject to these Terms.
- Registration and Account. To access
Website features available only to Members, you must be a member in good
standing with Mass. Senior Care in order to create a username and password
(your “Website Info”). You must keep your Website Info confidential.
Your Website Info is personal to you and you may not allow any third party to
use your Website Info under any circumstances. We do not maintain copies
of your Website Info. You agree to
immediately notify us if you become aware of or believe there is or may have
been any unauthorized use of (or activity using) your Website Info or any other
need to deactivate your Website Info due to security concerns.
- License. As a user of the Websites, you
are granted a non-exclusive, non-transferable, revocable and limited license to
access and use the Websites and associated content, features, tools and applications
in accordance with these Terms. Mass. Senior Care may terminate this
license at any time for any reason. You may use the Websites only for
your own personal use.
- Legal Updates. The Websites may, from time to time, provide
you with updates about statutory, regulatory, policy, and other legal changes
or issues. You understand that Mass.
Senior Care is not a law firm and that Mass. Senior Care officers, directors,
employees, and agents are not lawyers. Mass.
Senior Care shall not be responsible in any way for the accuracy of the legal
updates. You expressly agree that no
attorney-client relationship is created by your use of the Websites. You understand that you must consult your
attorneys for legal advice and you may not rely on the Website legal updates
for such legal advice.
- Proprietary Rights. The Websites are
property owned by us or our licensors, operational service providers,
advertisers, promotional partners or other third parties and are protected
under applicable state and federal law. All proprietary rights to the
Websites rest with the owner and you hereby revoke any claims to any such
- Usage Restrictions. Unless otherwise expressly stated herein or
on one of the Websites, or unless we have provided our express written consent,
you may not: (a) reproduce, copy, emulate, clone, or otherwise duplicate any
part of the Websites; (b) incorporate any part of the Websites into any
information retrieval system, whether electronic or mechanical; (c) modify, decompile,
disassemble, or reverse engineer any part of the Websites; (d) rent, lease,
sell, transfer, transmit, distribute, disseminate, publish, broadcast or
circulate any portion of the Websites to any other person or entity; (e) use
any device, software or routine to interfere or attempt to interfere with the proper
working of the Websites; (f) access, extract or download any portion of the
Websites in an illegal or harmful manner; (g) alter, delete, obscure or conceal
any copyright or other notices applicable to the Website, or impair or attempt
to circumvent or alter any digital rights management or other technology; or
(h) use the Websites in any way in violation of these Terms or any applicable
- Website Postings. To the extent that you may be allowed to post
any information on or to the Websites, you are solely responsible for: (a) the
truth, accuracy, and appropriateness of such posting; (b) obtaining any
necessary consent prior to issuing such posting; and (c) ensuring that the
posting does not infringe on the rights of any other party. Mass. Senior Care reserves the right to
delete any noncompliant posting and take any other appropriate action against
you for failing to comply with these posting requirements, which
appropriateness shall be determined by Mass. Senior Care, in our sole
discretion. Mass. Senior Care does not
endorse any postings and postings do not reflect the views, opinions, or
positions of Mass. Senior Care. You
assume full, complete, and sole liability for any violations of this paragraph
and you shall indemnify and hold us harmless for any claims or damages arising
against us for any such violation(s) of this paragraph.
- Third Party Websites. The Websites may
provide links to other Internet websites and/or resources provided by third
parties. Because Mass. Senior Care has no control over such third party
websites and/or resources, you hereby acknowledge and agree that Mass. Senior
Care is not responsible for the availability of such third party websites
and/or resources. Furthermore, Mass. Senior Care does not endorse, and is
not responsible or liable for, any terms and conditions, privacy policies,
content, advertising, services, products and/or other materials at or available
from such third party websites or resources, or for any damages and/or losses
- Disclaimers. The Websites are provided on
an “as is” and “as available” basis. All warranties, whether express or
implied are disclaimed to the fullest extent permissible pursuant to applicable
law (including, but not limited to, the disclaimer of any warranties of
merchantability, non-infringement of intellectual property and/or fitness for a
particular purpose). Specifically, but not as a limitation thereof, Mass.
Senior Care makes no warranty that the Websites will meet your needs, the
Websites will be uninterrupted, timely, secure or error-free, or the results
that may be obtained from the use of the Websites will be accurate or
reliable. No advice or information, whether oral or written, obtained by
you from Mass. Senior Care or through or from the Websites shall create any
warranty not expressly stated herein. In
addition, we disclaim any and all liability or responsibility for the
- harm resulting from any or other limitations of the
- the availability of the underlying internet connection
associated with the Websites;
- harm resulting from downloading or accessing the
Websites including, without limitation, harm caused by viruses, worms, bugs, errors,
trojan horses or other similar devices, problems or limitations of the
- harm caused by or related to the theft or
misappropriation of your Website Info, disclosure of your Website Info, or your
authorization of anyone else to use your Website Info;
- your inability to use the Websites or any associated
- any modification, suspension or discontinuation of the Websites.
The provisions of this paragraph are in addition to any other disclaimers
you by Mass. Senior Care.
- Limitation of Liability; Exclusive Remedy.
You understand and agree, to the fullest extent permitted by law, that neither
we nor any affiliate, successor or assignee, nor any of our or their officers,
directors, trustees, employees, agents, or representatives shall be liable for any losses, damages, penalties, liabilities, claims,
actions, suits, costs, and expenses, including reasonable attorney’s fees,
whether in law or in equity, of any kind or nature whatsoever, incurred by or
brought against you in any way directly or indirectly relating to or arising
out of your use or inability to use the Websites. This limitation of liability includes any cost(s)
associated with procuring substitute goods or services resulting from any
problem(s) with the goods, content and/or services purchased or obtained from
the Websites, or transactions entered into, through or from the Websites.
If you are dissatisfied with or have any other claims or complaints concerning
your use of the Websites, you agree that your sole and exclusive remedy is to
terminate your use of the Websites. If
any limitation of remedy, damages or liability is prohibited or restricted by
law, we are entitled to the maximum disclaimers and limitations permitted under
these Terms, at law and in equity; however, in no event shall our liability to
you for damages or otherwise exceed, and your remedy shall be equal to, the
amounts you paid, if any, for your use of the Websites, even if you claim that
remedy fails of its essential purpose.
- Choice of Law. Your use of the Websites
and these Terms are governed and will be enforced under the laws of the Commonwealth
of Massachusetts, exclusive of any conflicts of laws principles. You
unconditionally and irrevocably submit to the exclusive jurisdiction and venue
of the State and Federal Courts situated in the Commonwealth of Massachusetts and
you will not object on the grounds of lack of personal jurisdiction,
inconvenient forum or otherwise. Neither the Uniform Computer Information
Transactions Act nor the United Nations Convention on Contracts for the
International Sale of Goods apply and their applicability is expressly
- Miscellaneous. Should any part of these
Terms be held invalid or unenforceable, that portion shall be construed
consistent with applicable law as nearly as possible to reflect the original
intentions of the parties and the remaining provisions of these Terms shall
remain in full force and effect. Our failure to insist upon or enforce
strict performance of any provision of these Terms shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of these Terms.
Any claim or cause of action you may have with respect to the Websites must be
commenced within one (1) year after the claim or cause of action arises.
These Terms were last modified on August 24, 2009.