Massachusetts Senior Care Foundation

Website Use Terms And Conditions

 

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 well as our Privacy Policy.  If you do not agree to these Terms in their entirety, you are not permitted to access or use the Websites.

  1. 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 changes.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 rights.
  7. 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 law.
  8. 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.
  9. 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 arising therefrom.
  10. 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 following:
    1. harm resulting from any or other limitations of the Websites;
    2. the availability of the underlying internet connection associated with the Websites;
    3. 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 Websites;
    4. 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;
    5. your inability to use the Websites or any associated functionality; and
    6. any modification, suspension or discontinuation of the Websites.

    The provisions of this paragraph are in addition to any other disclaimers set forth in these Terms, posted on any Websites, described in the Privacy Policy, or otherwise communicated to you by Mass. Senior Care.
  11. 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.
  12. 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 excluded.
  13. 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.