Terms of Use

Terms of Use

Effective December 2017

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. YOUR USE OF THIS WEB SITE AS WELL AS ALL OTHER WEB SITES OWNED AND/OR OPERATED BY SENIORSZEN.C.OM (“THE COMPANY”) (INDIVIDUALLY AND COLLECTIVELY, "SITE" OR "SITES") AND/OR THE SERVICES PROVIDED BY THE COMPANY THROUGH OR IN CONNECTION WITH THE SITES (INCLUDING SENIOR LIVING AND CARE REFERRAL INFORMATION SERVICES ("SERVICES")) IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE SITES AND/OR THE SERVICES.

The Terms of Use apply to your access to, and use of, the Sites and/or the Services, so please read them carefully.

We reserve the right to change or modify any of the Terms of Use, the Sites, and/or the Services at any time. If we decide to change our Terms of Use, we will post a new version on the Sites and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, regardless of whether we provide you with any specific notice of such changes or modifications. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED use of the Sites and/or the Services following the posting of changes or modifications to the Terms of Use will constitute your acceptance of the revised Terms of Use. Therefore, you should review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites and/or Services. If you do not agree to the amended terms, you must immediately stop using the Sites and/or Services.

The Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the Company for services, products or otherwise. Your access to, and use of, the Sites may also be subject to any legal notices or additional terms and conditions applicable to the Sites and/or Services, in addition to these Terms of Use, ("Additional Terms"). Where Additional Terms apply to the Services, the Additional Terms will be accessible for you to read through your use of the Services and/or provided separately. These Terms of Use, together with the Additional Terms, form a legally binding agreement between you and the Company in relation to your use of the Sites and/or Services. It is important that you take the time to read them carefully. If there is any contradiction between what the Additional Terms say and what these Terms of Use say with respect to the Services, then the Additional Terms shall take precedence in relation to that Service.

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.

Our Services

The Company is a senior housing and care marketing and information service that provides resources and personalized assistance in finding senior housing and care. We help families find options based on a loved one's stated needs and preferences and empower them to make informed decisions. This may include independent living, home care, supportive housing, assisted living and retirement home options. Based on the consumer’s stated needs and preferences, we provide the consumer with information about contracted communities ("Participating Communities") and we forward the consumer’s information to those Participating Communities. Consumers can review detailed information about local and national Participating Communities, and get personalized, knowledgeable assistance by telephone from a local Senior Living Advisor. The service is offered at no charge to consumers as the Participating Communities pay a fee to the Company.

Participating Senior Housing and/or Care Communities

The Participating Communities are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all residents (for the purposes of this section, those consumers that are admitted/begin living in a Participating Community are referred to as “residents”), including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its residents. Each Participating Community is responsible for obtaining and maintaining any necessary licenses required for its operation and for complying with all applicable federal and/or provincial laws. Each Participating Community is also responsible for the conditions at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a community.

Each Participating Community is responsible for the content of the information related to that specific Participating Community that is posted on any of the Sites or on its own web sites. This information does not represent the views of the Company or the views of any individual associated with the Company, and the Company does not control this content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Participating Community 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 Participating Community on the Sites. By using the Sites and/or Services, you assume all associated risks.

No Endorsement; No Affiliation; Not a Broker

We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Participating Community. We provide only an information referral service and do not (1) place the consumer in any Participating Community, (2) perform any medical assessment of or for the consumer or the Participating Community, or (3) participate in the consumer's and Participating Community's decision regarding final selection or admittance. Further, we are not a representative of or agent for either the consumer or the Participating Community and do not act on either's behalf. It is the responsibility of the Participating Community and the potential resident, and/or any party authorized by the potential resident to act on his or her behalf, including the potential resident's family and/or care provider(s), to determine and finalize any admission to a particular Participating Community. The Company does not broker, sell or lease space directly and is not a party to any transaction between the provider and the family.

No Professional Advice

All information, materials, content and/or advice on the Sites or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. The Company expressly disclaims, and you expressly release the Company 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 Sites and/or Services. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice.

Privacy and Consent to Communications

Your privacy is important to us and we have a Web Site and General Privacy Policy (“Privacy Policy”) that sets out, among other things, how we collect, use and/or disclose your personal information collected from the Sites or by phone. Please review our Privacy Policy to fully understand how we collect, use and/or disclose your personal information (as defined in the Privacy Policy). You hereby acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms of Use. Before collecting your personal information and using and/or disclosing it for the purposes specified in the Privacy Policy, we will obtain your express consent (either through your acceptance of the terms of the Privacy Policy or through obtaining your verbal consent). If you do not agree to the terms of the Privacy Policy, then you should not use any of the Sites or submit or post any personal information on any of the Sites. Your use of the Sites and/or Services after you have provided your consent will constitute your continued acceptance of the terms and conditions of the Privacy Policy. Under the terms of the Privacy Policy, you consent to being contacted by us and/or the Participating Communities, through the method of communication preferred and specified by you, and for the purposes specified in the Privacy Policy. If you are a customer, potential customer or a person authorized to act on behalf of the ultimate customer of the Services, you authorize us to disclose the information (including personal information) that you provided to us to Participating Communities for the purpose of providing Services (as more particularly set out in the Privacy Policy). Such authorization shall continue in effect until you have withdrawn your consent by requesting that we no longer provide you Services. We will only use and/or disclose your personal information for as long as is reasonably necessary to fulfill the purpose(s) for which the personal information was initially collected and to fulfill our normal Participating Community related business practices (such as Participating Community billing matters) until such matters are closed and no longer necessary.

Recorded Telephone Communications

Telephone communications between You and the Company may be recorded or monitored for quality control purposes.  By filling out any forms on the Sites or by providing information to us, you expressly consent to the recording of these telephone communications.

Consent to Automatic Telephone Dialing System

You agree to be contacted by a Senior Living Advisor and by our senior living partners and other partners to explore options at the telephone number you have provided. You agree we, our senior living partners and other partners may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number provided, even if you previously registered on a Do Not Call registry.

Use of Sites; Limited License

You are granted a limited, non-sublicensable license to access and use the Sites and all content, data, information and materials included in the Sites (the "Site Materials") solely for your personal use, subject to the terms and conditions set forth in the Terms of Use. You will not use the Sites or any of the Site Materials other than for their intended purpose or in any way that is unlawful or harms the Company. See below for examples of prohibited activities. Any use of the Sites or the Site Materials other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, will automatically and immediately 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 the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by the Company at any time.

No Unauthorized Access of and/or Use of the Sites and/or Services

You agree to use the Sites and/or Services only for lawful purposes. Examples of unacceptable actions and activities that are strictly prohibited when accessing and/or using the Sites and/or Services, include without limitation:

  • Using the Sites for commercial purposes.
  • Conducting or promoting any illegal activities while using the Sites or Services.
  • Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Sites, the Company's computer and/or telecommunication systems or data.
  • Interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites, or disobeying any requirements, procedures, policies or regulations of networks connected to the Sites.
  • Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service, any of the Sites content.
  • Creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person.
  • Engaging 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, in whole or in part, from the Sites or use web "bots" or similar data gathering or extraction methods for such purposes.
  • Attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites;
  • Attempting to gain access to secured portions of the Sites.
  • Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for the Company to protect its computer and/or telecommunications systems.
  • Using the Sites and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).
  • Using the Sites and/or Services to stalk, harass or harm another individual.
  • Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
  • Uploading, distributing or printing anything that may be harmful to minors.
  • Mirroring or framing the Sites, placing pop-up windows over its pages, or otherwise affecting the display of its pages.
  • Engaging in any other action in any way that is unlawful or that harms the Company.

Intellectual Property Ownership

Any products, material, technology or processes described on our Sites and any Site Materials to which you are referred may be subject to intellectual property rights (including, but not limited to, rights in trademarks, trade secrets and patents). All trademarks, service marks, and trade names are proprietary to the Company and our licensors. All rights, title, and interests in and to the Sites, including content, materials, trademarks and other intellectual property contained in the Sites, vest solely in the Company and its licensors. The Company name, and any of its products and services, slogans or logos referenced herein on the Sites are either trademarks or registered trademarks of the Company in the United States and/or other countries. The names of actual third party companies and products mentioned in the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Where materials are provided by us, you may download to a local hard disk and/or print individual sections of Site Materials for personal use only and provided that you retain all copyright, other proprietary notices or other intellectual property notices contained in the original material on all downloads and/or copies made.  Any file downloads are made at your own risk.

Account Security

On certain portions of the Sites, you will be provided with a password and user identification to use the Sites. You must agree to abide by these Site Terms and are responsible for all activity under such user identification. You are responsible for maintaining the confidentiality and security of any password connected with your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be held liable for any loss or damage arising from your failure to comply with this section.

The Company reserves the right to monitor all network traffic to the Sites to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites in any fashion. Anyone using the Sites expressly consents to such monitoring.

Hyperlinks to External Web Sites

The Sites may provide links to external third party Web sites ("External Web Sites"). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, the Company is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites (including Participating Communities). We make no warranties, claims or representations regarding, and accept no responsibility for, the quality, content, nature or reliability of External Web Sites.

When you leave the Site, you should be aware that our Terms of Use and our Privacy Policy do not apply to your use of External Web Sites. You should review the applicable terms and policies, terms of use, privacy policies and data gathering practices, of any External Web Sites to which you navigate from the Site. Your use of and dealings with the owners or operators of these External Web Sites are at your own risk, and you agree not to make any claim against the Company arising out of your use of these External Web Sites.

Third Party Products and Services

We may run advertisements and promotions from third parties (including Participating Communities) on the Sites or may otherwise provide information about or links or referrals to third-party (including Participating Communities) products or services on the Sites ("Third Party Products and Services").

We do not make any warranties or guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, 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 and Services, and you use such Third Party Products and Services at your own risk.

Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.

You should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Sites.

Public Areas and Submissions

If you use a "Public Area", such as the Eldercare Forum, message board, or other community area that allows user posts, additional terms and conditions apply to you.

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 the Company, the Sites, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral submissions to the Company, or postings on the Sites ("Submissions"), are non-confidential. We are entitled to the unrestricted use, dissemination, distribution, display, reproduction, sublicense, post, and/or publication of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and we will own the exclusive rights, including all intellectual property rights, to the Submissions.

If you are an author of a Submission, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.

Additional terms and conditions may apply to you in your use of the "Public Area", the Eldercare Forum, message board, or other community area.

Disclaimer

You expressly agree that your use of the Sites and/or the Service is at your sole risk. Neither the Company, nor its Parent, affiliates, nor any of their officers, directors, or employees, agents, personal representatives, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that the Sites will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on the Sites may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use the Sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Sites.

THE SITES 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"  "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, THE COMPANY AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH THE SITES AND/OR SERVICES.

THE COMPANY’S AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITES, INCLUDING E-MAILS SENT OR RECEIVED VIA THE SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SITE MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

IN ADDITION, THE COMPANY IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY PARTICIPATING COMMUNITY OR OTHER HEALTH CARE AND/OR ANY OTHER SENIOR HOUSING AND CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM COMPANY OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. FROM COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES,  THE COMPANY DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF THE COMPANY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY INCLUDING WITHOUT LIMITATION TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY US OR ANY PROVIDER, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS "LIMITATION OF LIABILITY" SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SUCH LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Company and the Providers harmless from any claim or demand, including legal fees, arising out of your use of the Sites and/or the Services or your violation of our Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.

Termination

We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice, in our sole discretion. Upon such termination or suspension, your right to use the Sites will immediately cease and you must destroy any Site Materials obtained from any of the Sites and all copies thereof, whether made under these Terms of Use or otherwise.

Changes to the Sites and/or Services

We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, your access to and use of) at any time without notice.

Governing Law and Forum Selection

The Terms of Use are construed under the laws of the Province of Ontario and the law of Canada applicable therein, without reference to conflict of laws provisions. You hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.  You further agree that this forum-selection clause shall apply to any and all claims under federal law or any provincial laws and that arise from or relate in any way to the Sites and/or Services, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as a putative representative of a class.

Access Outside of Canada

The Sites can be accessed from locations around the world. The Company makes no representations that the Sites or the Site Materials available through it are appropriate for use at other locations outside Canada.  Access to this Website from locations where the Sites or any of its Site Materials are illegal is prohibited. If you access this Website from a location outside Canada, you are responsible for compliance with all local and/or international laws.

Waiver of Right to Jury Trial

YOU HEREBY KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND IRREVOCABLY WAIVE YOUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR IN ANY MANNER RELATING TO THE TERMS OF USE AND/OR THE COMPANY 'S PERFORMANCE OR FAILURE TO PERFORM HEREUNDER. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims arising under federal law or any provincial laws and that arise from or relate in any way to the subject matter of the Terms of Use and/or our performance, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as a representative of a class. You expressly acknowledge that this provision is an essential aspect of the bargain embodied by the Terms of Use.

Claims Subject to Mandatory and Binding Arbitration

Subject to and without limiting the Governing Law and Forum Selection section, you expressly agree that any claim or cause of action that arises from, relates to, or has connection with the Sites and/or Services shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive, equitable, or other appropriate relief in any court in the Province of Ontario. The arbitrator's award, including legal fees, shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Except as required by applicable law, you knowingly, voluntarily, intelligently, and irrevocably waive any right to appeal from the arbitration award, including but not limited to any appeal from any judgment entered on the arbitration award or any order based thereupon. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ANY CLAIM OR CAUSE OF ACTION THAT IS SUBJECT TO ARBITRATION UNDER THE TERMS OF USE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER EXPRESSLY AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Waiver

The failure of the Company to require or enforce strict performance by you of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance.

Copyright Infringement Notices

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 A Place for Mom, Inc., 701 Fifth Avenue, Suite 3200, Seattle, WA 98104--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.

General Terms

If any part of the Terms of Use 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 Terms of Use will continue in effect. You may not assign the Terms of Use, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Terms of Use, any Additional Terms, and the Privacy Policy incorporated by reference herein, constitute the entire agreement between you and the Company with respect to the Sites. Any waiver of any provision of the Terms of Use or Privacy Policy will be effective only if in writing and signed by the Company.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

The parties have required that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s`y rattachent soient rédigés en anglais. If there is any contradiction between what the English language version of the Terms of Use says and what a translation says, then the English language version shall take precedence.