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Terms and Conditions

Last updated: July 13, 2016

Please read these Terms and Conditions ("Terms," or "Terms and Conditions") carefully before using the LivingPath.com website or mobile, tablet or other smart device, or application program interface properties, including related applications (collectively, the "Service") operated by LivingPath, Inc., a Delaware corporation and/or our subsidiaries (“LivingPath,”"us," "we," or "our").  Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you disagree with any part of the terms then you may not access the Service.  By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy. We may change or otherwise modify the Terms in the future and will note the date of these revisions above. You understand and agree that your continued access and use of the Service after such change signifies your acceptance of the updated or modified Service.  Be sure to return to this page periodically to review the most current version of the Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose.

 

Eligibility

 

Any use or access of the Service by anyone under the age of 13 is prohibited.

 

Liability Disclaimer

 

Living Path, and the providers of information that appear on the Service, attempt to provide accurate information in regard to the subject matter covered. We do our best to make sure that the information is accurate and up to date, but the information changes rapidly. We cannot guarantee that all the information in our Service is completely current.  We do not undertake any obligation to update any of the information contained in our Service, nor do we make any representations or warranties regarding the accuracy of any information or content contained in our Service or on sites to which our Service links. Our Service may contain links to third-party websites or services that are not owned or controlled by LivingPath.  LivingPath has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that LivingPath shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.  We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

You assume all responsibility and risk with respect to your use of our Service, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our Service, including without limitation, all content and materials, and functions and services provided in our Service, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our Service or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Service or the servers that make our Service available are free of viruses or other harmful components. The use of our Service is at your sole risk and you assume full responsibility for any costs associated with your use of our Service. We will not be liable for any damages of any kind related to the use of our Service.  In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Service or the content or material or functionality through our Service, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

 

All information, materials, content and/or advice LivingPath offers on and through the Service is for informational purposes only and is not intended to replace or substitute for any medical, financial, legal or other professional advice.  LivingPath expressly disclaims, and you expressly release LivingPath 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 Service.  We strongly advise you to consult with an appropriately trained specialist for all concerns that require medical, financial, legal or other professional advice.

 

Indemnification

 

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our Service, your violation of the Terms, or the posting or transmission of any materials on or through the Service by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

 

Access and Use of Service

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with the Terms. As a condition of your use of the Service, you warrant to LivingPath that you will not use the Service for any purpose that is unlawful or prohibited by the Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.  Automated data gathering (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Service) is strictly prohibited on the Service.  As a limited exception, publicly available search engines and similar internet navigation tools ("Search Engines") may search the Service and provide an index with links to the Service’s web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. You agree not to engage in any other action in any way that is unlawful or harms LivingPath.

 

Intellectual Property Ownership and Rights Notices

 

All content that LivingPath makes available through the Service, including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, and any content licensed from a third party (collectively, the "Content"), are protected by copyright, trademark and other intellectual property and proprietary rights of the United States and other countries.   Our names, logos, images, page headers, button icons, scripts and service names as well as the compilation thereof  (collectively, the “Proprietary Marks”) are the property of LivingPath or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights of the United States and other countries. You may not use the Content or Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Service. Any third-party names, trademarks, and service marks are the property of their respective owners. All software used on or within our Service (the "Software") is our property or the property of our software vendors and is protected by copyright, trademark and other intellectual property and proprietary rights of the United States and other countries. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any of the Content and Software and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content or Software, in whole or in part, found in the Service.  The Content and Software are not for resale. Your use of the Service does not entitle you to make any unauthorized use of any Content or Software, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content or Software. You will use the Content and Software solely for your personal use, and will make no other use of the Content or Software without the express written permission of LivingPath and the copyright owner. You agree that you do not acquire any ownership rights in any Content or Software. We do not grant you any licenses, express or implied, to the intellectual property of LivingPath or our licensors except as expressly authorized by these Terms.

 

Termination

 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Arbitration

 

All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the State of Illinois or in another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the senior living industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. This agreement to arbitrate will survive the termination of your relationship with us.

  

Class Action Waiver

 

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any purported class, collective and/or representative proceeding such as in the form of a private attorney general action against the other.  Further, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  You agree that, by entering into these Terms, you and LivingPath are each waiving the right to a trial by jury or to participate in a class action. 

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions. We each agree to submit to the personal jurisdiction of a state court located in Cook County, Illinois or the United States District Court for the Northern District of Illinois, for any actions not subject to the arbitration provisions above.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

General

 

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose.

 

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LivingPath without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

Contact Us

 

If you have any questions about these Terms, please contact us.