Terms and Conditions of Use
Last Updated: September 28, 2016
Welcome to SeniorsZen.com! By using or accessing this web site and all other web sites owned and/or operated by SeniorsZen (individually or collectively “Site” or “Sites”) and/or the services provided by SeniorsZen through or in connection with the Sites (“Services”), you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and SeniorsZen. (“SeniorsZen Marketing Inc. ”, “we”, “us” or “our”).
The Sites and the Services are provided by SeniorsZen.
To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.
SeniorsZen is a senior living and care referral service that provides information and assistance in finding senior living and/or senior care options in Canada. We help seniors and their caregivers find options based on their stated requirements and preferences and help them to make informed decisions. We offer information on independent living, assisted living, memory care, residential care homes, nursing homes, and home care. Based on the senior's stated requirements and preferences, we provide them and their caregivers with information about contracted senior living communities ("Partner Residences") and we forward seniors’ and caregivers’ information to those Partner Residences. Seniors and caregivers can review detailed information about Partner Residences, and get personalized assistance by telephone from a Senior Housing Advisor. We are paid by our Partner Residences, therefore our services are offered at no cost to seniors and caregivers.
Partner Senior Housing and/or Care Residences
The Partner Residences are solely responsible for accepting (or declining, as appropriate), evaluating, and caring for all residents, including, without limitation, ensuring that their staff are appropriately qualified, trained, educated, and possess the necessary skills, equipment, facilities, and resources to professionally provide the care and services required by its residents. Each Partner Residence is responsible for the maintenance and conditions at its residence and the qualification, as well as training of and acts and omissions of its employees, contractors, vendors, and any other individuals who work at or for a residence.
Each Partner Residence is responsible for the content of the information posted on its website listing or on the Sites. The information does not represent our views or of any individual associated with us, and we do not control this information. We do not guarantee the accuracy or completeness of any of the information posted by and/or for the Partner Residence on the Sites, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for the Partner Residence on the Sites. By using the Sites and/or Services, you assume all associated risks.
The Site is a Venue
The Site IS ONLY A VENUE. The Site acts as an online marketplace for you to find and transact with other users, Partner Residences, members, buyers, suppliers, or clients (the “Users”) who offer housing and/or supportive services to elderly and/or disabled individuals on the Site or otherwise associated with the Site. SeniorsZen is not a broker, lender or seller. SeniorsZen is not a party to any agreement you may make with regard to any service or product. Any information you provide to Partner Residences in connection with your application remains with that party. We impose no requirements on Partner Residences as to the manner in which they deliver their services. We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Partner Residence. Further, we are not a representative of or agent for either the consumer or the Partner Residence and do not act on either's behalf.
We grant Users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise businesses and/or research, view or make legitimate inquiries to Partner Residences regarding their interest in senior living and/or care options, all in accordance with these Terms. Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or business advertisements, or any subset of the same, or which is in the business of providing marketing services to senior living and/or senior care industry.
No Professional Advice
All information, materials, content and/or advice provided on the Site or through the Services is offered for general information, educational, and discussion purposes only and should not be interpreted, used, or relied upon as professional financial, medical, diagnosis, or treatment, legal; financial, tax, or other professional advice; or advice regarding which service providers you should use.
SeniorsZen cannot and does not guarantee the accuracy or completeness of the information and does not assume any liability whatsoever for any errors or omissions on the Sites. SeniorsZen cannot accept responsibility for any problems that might arise in relation to your choice of services, whether or not your choice was influenced by information on the Site and/or through the Services.
SeniorsZen expressly disclaims, and you expressly release SeniorsZen from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site and/or Services. You should consult with a medical doctor, attorney, financial, tax, and other appropriately trained specialist for all matters that fall into their area of expertise.
Proprietary Rights and Downloading of Information from the Site
The Site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps and other materials on the Site (collectively, the “content”) are only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the business inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form “© SeniorsZen.com - All Rights Reserved” as displayed on the relevant portion(s) of the Site that you desire to download, display or print.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
* Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
* Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
* Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
* Reverse engineer any part of this Site;
* Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
* Using the Sites for commercial purposes.
* Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
* Use the Site other than to advertise and/or research business services and to make legitimate inquiries to our Users;
* Use the Site to make any false, fraudulent or speculative inquiry, or any inquiry in anticipation of demand;
* Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
* Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
* Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Users;
* Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
* Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
* Disguise the origin of the information transmitted through the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us.
Changes to Site
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.
Recorded Telephone Conversations
Telephone conversations between you and SeniorsZen may be monitored or recorded for compliance, quality control and training purposes. By filling out any forms on the Sites or by providing your information to us, you expressly consent to the recording of these telephone conversations.
Consent to Automatic Telephone Dialing System
You agree to be contacted by our Senior Housing Advisors and by our Partner Residences and other partners to explore senior living and/or care options at the telephone number you have provided. You agree that we, our Partner Residences and other partners may use automatic telephone dialing systems and other technology to contact you by call or text message at the telephone number that you provided, even if you previously registered on a Do Not Call registry.
On certain portions of the Sites, you will be provided with a username and password to access the Sites. You agree to abide by these Terms and are responsible for all activity under such user identification. You are responsible for maintaining the confidentiality and security of any username and password connected with your account.
Limitations of Use of Other User’s Information; No Spam
1. You agree that, with respect to other Users’ personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using Services offered through the Site, (c) facilitating a business transaction between you and the other User and (d) any other purpose that a User expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another User to any third party without both our consent and the consent of the User. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users’ personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
2. We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site User, even a User who has sent you a business inquiry, to your mailing list (email or physical mail) without the User’s express consent.
We do not and cannot review all content posted to the Site by Partner Residences, or by Users who may have posted on the Site a review of any particular business or other information, and we are not responsible for any such materials posted by such Partner Residences, affiliates, partners or other Users. All business listings on the Site are submitted by Partner Residences and are the responsibility of Partner Residences, and we specifically disclaim any and all liability arising from the alleged accuracy of the business listings, reviews, comments, or any alleged breaches of contract on a User’s part. If you are a User, by accepting these Terms, you agree to indemnify and hold the Site and any member of the SENIORSZEN GROUP (as defined below) harmless against all costs, expenses and losses arising out of a claim relating to the content of the Sites. Partner Residences are solely responsible for keeping their business information up to date on the Site, including, but not limited to any and all representations about any business, property, amenities, photographs, location, and other information. We do not represent or warrant that any of the copy, content, business reviews, guest book entries, property location, suitability, photographs, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective clients have searched for specific special offers, or types of businesses. Partner Residences are solely responsible for ensuring the accuracy of any listings descriptions. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms.
Limitation of Liability
IN NO EVENT WILL THE SITE, OUR PARENT (SeniorsZen Marketing Inc.), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE “SENIORSZEN GROUP”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAUNST US IS TO DISCONTINUE USING THE SITE.
1. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF THE SENIORSZEN GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF THE SENIORSZEN GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), ANY CONTENT POSTED BY YOU TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Choice of Law and Forum
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE PROVINCE OF BRITISH COLUMBIA, CANADA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN BRITISH COLUMBIA, CANADA, WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA.
We may terminate or suspend your access to the Sites at any time, with or without notice, and with or without cause. Upon such termination or suspension, your right to use the Sites will immediately cease.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
Links to Third-Party Sites
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.
Content, Layout and Copy
1. We reserve the right to determine in our sole discretion the final design, layout and functionality of our Site, which is subject to change from time to time without notice.
2. We reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts or photographs supplied by any User. All content and copy edits submitted by Users are subject to review and approval by us in our sole discretion.
3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, business listings, content and/or photographs or any change made to any content, photograph or copy submitted by any User or edited, deleted, or amended by us.
By submitting a photograph either electronically through the Site, the User represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the SENIORSZEN GROUP from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.
By accepting these Terms and by posting any images, copy and content including, but not limited to business listings, reviews, comments, articles on the Site, you grant to us and our partners and affiliates a worldwide, non-exclusive, royalty-free license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit in whole or in part the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and its holding company, SeniorsZen Marketing Inc. the ability to copyright and protect the images, copy, and content from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. You further agree to assist us to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any User and each User will indemnify and hold harmless the Site and any member of the SENIORSZEN GROUP against any action brought for breach of copyright or other rights from the use of such content supplied by such User. Each User hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any content posted or provided to us by such User.
Termination of Listing
1. We reserve the right to refuse in our sole discretion any content submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the content for any reason, and each current or prospective User expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
2. If, in our sole discretion, any User submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such User’s business listing from the Site.
3. If we become aware of or receive a complaint from any person or entity regarding a User’s business listing or business practices that, in our sole discretion, warrants the immediate removal of such User’s allegedly offensive content from the Site (for example, and without limitation, if a User engages in any practice that, in our sole discretion, would be considered unfair within the industry, or if we receive a complaint that any business listing’s content infringes on the rights of a third party), then we may immediately remove the allegedly offensive content from the Site without notice to the User while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive content from the site without notice to the User and without refund.
4. If any User is in breach of these Terms or its obligations to us then we may immediately remove such User’s content from the Site without notice to the User and without refund.