AssistedLivingBook Legal

Terms of Use

Effective DATE: 03/18/2011

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("SITE TERMS") CAREFULLY. YOU MAY ONLY USE THE SITE IF YOU ACCEPT THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE THIS WEB SITE, IF YOU DO NOT AGREE TO THESE TERMS.

The Web site you are accessing (the "Site") is provided by Assisted Living Book™ LLC.
You can download these Terms of Use in Adobe PDF format via the following link: Terms of Use.pdf. You can get a free Acrobat Reader from Adobe's website.

Definitions

"Provider" means the licensed company that is able to provide the assisted living services and accommodations required by the Resident.

"Client" means the individual or party that is using the ALB website with the purpose of finding a care Provider by sending a Care Request on behalf of a Resident.

"Resident" means the individual that is in need of care services such as assisted living or simply housing accommodations, this person may also at times be the Client.

"User" refers to both Provider, Client or any other visitor on the ALB website.

"Assessment Profile" the information describing the Resident's needs that gets sent along with the contact information of the individual requesting care when a Care Request is sent to a Provider.

"Care Request" means the information ("Assessment Profile") that is sent to the Provider to establish if the proper services are best suitable for that individual ("Resident").

"ALB Tools" means any software, information and other items provided by ALB, including, without limitation, Care Request Messages and Job information.

"Provider Fees" means the amount stated on the subscriber agreement for individual accepted Care Requests and the maintenance fee.

"Care Request Message" the information exchanged between the Provider and Client upon the approval of a Care Request from a Provider.

Our Services

The AssistedLivingBook' Marketplace (ALB) is an online portal and website located at www.assistedlivingbook.com (the "Site") provided by AssistedLivingBook LLC where users looking for care options may locate Assisted Living Providers and use the ALB (collectively, the "AssistedLivingBook Network"). In addition, users may request care and schedule such arrangements from Assisted Living Providers through the ALB website. Users understand and accept that all Care Requests are available for review on the ALB website and the users ALB account for 30 days from the date the care request is accepted by the Provider.

Medical Advice

The site does not provide medical or professional advice. The contents of the Site, such as text, graphics, images, information obtained from AssistedLivingBook.com partners, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. The Content is not an endorsement of the qualifications or services of any Provider.

Eligibility

ALB is only available only to persons who are at least eighteen (18) years old. To use this Site and the services, you must be legally competent to enter into a binding contract and not be prohibited from using the Site or the services by the laws of the jurisdiction from which you access the Site or the services.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Fees

ALB fees are paid by Providers for each Care Request accepted by the Provider through this Site. User acknowledges and agrees that ALB is an intended third-party beneficiary of each Care Request between User and Provider and that ALB has the right to pursue legal action against User to the extent of that third-party interest. For more information, see our Provider Agreement.

Independent Relationship Between Users and Providers

Except to the extent provided below, Users and Providers contract independently of AssistedLivingBook.com.
AssistedLivingBook.com assumes no responsibility or liability for interactions or services between the User and Provider.

1. Provider Conduct

Providers shall conduct themselves in a professional and courteous manner. Provider is at no point to use vulgar language, profanity, or any kind of negative behavior that would affect the reputation of ALB.

2. ALB Fees

Providers shall pay ALB the agreed-upon sign up fee for each Care Request approved by that provider. All amounts paid by the Provider shall be paid through the ALB website as set forth in the Provider Agreement.

3. Contract for Services Between User and Provider

When a User in correspondence with a Provider through the ALB website decides that a Provider is a good match, the User may setup an appointment to meet with the Provider. Any such meeting is at the User’s own risk and AssistedLivingBook.com does not assume any responsibility.

4. User and Provider's Right of Termination

The User and Provider have the right to terminate or close any Care Request if either decides that the other is not a good fit for the services requested.

5. Provider Reviews

As a condition of using the Site, Providers agree to allow Users to submit reviews of the Provider’s services. Providers agree to hold AssistedLivingBook.com and/or AssistedLivingBook harmless for any damages including lost profits or loss of good will resulting from User reviews. Providers may request the removal of negative reviews through the ALB Provider Account and ALB may, without any obligation, decide to remove the review.

6. You will conduct your own investigation into and review of the qualifications of any Provider prior to engaging their professional services. You will not rely on the Content in determining whether a Provider is professionally qualified to provide any specific services you seek.

Copyright Notice

All contents of this Site are: ? 2011 AssistedLivingBook. All rights reserved. All material published electronically in this web site is the property of AssistedLivingBook and may not be reproduced for sale or distribution of any kind. Nor may it be used in the creation of any other publications, online services, or World Wide Web sites without the express written consent of AssistedLivingBook. Copying, by any method, of material on this site without the written permission of AssistedLivingBook is prohibited, for any purpose other than a single copy for an individual's non-commercial, personal reference. You may not modify this material in any way and any copy of this site or portion thereof must include this copyright notice in its entirety. Obtaining information contained in our database through any method other than provided by the search mechanisms on this site is strictly prohibited.

Graphics and logos created by AssistedLivingBook.com are the property of AssistedLivingBook and may not be used without permission. The contents of this site including but not limited to, AssistedLivingBook, all text and images, (and any of the foregoing used in any combination), product names and all page headers, footers, and icons are trademarks of AssistedLivingBook.com. All other product names or services mentioned are the trademarks of their respective owners.

Copyright Complaint Policy

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

1. A clear identification of the copyrighted work you claim was infringed.

2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.

3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent by email to support@assistedlivingbook.com or by mail to the following address:

AssistedLivingBook LLC
15849 North 71st Street Suite 235
Scottsdale, Arizona 85254
USA

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

No Warranty

Your use of this information is at your own risk. You assume full responsibility and risk of loss resulting from the use of this information. All information in this site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information. While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, AssistedLivingBook is not responsible for any errors or omissions, or for the results obtained from the use of this information. AssistedLivingBook expressly disclaims any warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

Indemnity

AssistedLivingBook, or any of its related partners, principals, stockholders, corporations, or employees thereof shall not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this information, even if advised of the possibility of such damages. AssistedLivingBook shall have no liability for any data transmitted or used in connection with this web site. You assume full responsibility and risk of loss resulting from the use of this information. All information in this site is provided "as is", with no guarantees. AssistedLivingBook is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Release

You release AssistedLivingBook (and its officers, directors, agents, and employees) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute You may have with any Provider.

You further release AssistedLivingBook.com, in whole and in part, from all incidental and consequential damages, including, but not limited to, any claims for personal injury, property damage or emotional distress caused by any Provider. You acknowledged that AssistedLivingBook.com makes no warranties, expressed or implied, representations, understandings, guaranties or promises concerning the quality of services provided by any Provider, and disclaims, in whole or in part, incidental and consequential damages and AssistedLivingBook.com shall have no responsibility for any incidental or consequential damages, including, but not limited to, any claims for personal injury, property damage or emotional distress caused by any Provider.

Non-Affiliation

All individuals, businesses, companies, professional organizations, and service agencies are listed in this site for informational purposes only. AssistedLivingBook.com does not guarantee the information about these facilities nor do we license, endorse, or recommend any of these providers. Facilities listed by AssistedLivingBook.com are listings only, not recommendations. It is understood by the users of this site that the information contained herein is to serve as guide and basis of general comparisons and evaluations, but not as the sole basis on which any specific conduct is to be recommended or undertaken. All information about the facilities has been obtained either from the facilities themselves or through publicly available sources. This information is not intended to be substantive advice or opinion on any specific fact or circumstances. All information provided is of a general nature and is not intended to address the circumstances of any particular individual or entity. Advertisements appearing on the site are paid advertisements and do not imply endorsement by AssistedLivingBook.com of the products or services advertised. We provide relevant links to information outside of the site as an additional resource for our users. However, AssistedLivingBook.com does not endorse any views expressed or products or services offered by organizations that are hyperlinked to or from our site. AssistedLivingBook.com assumes no liability or responsibility for files downloaded from this web site or from hyperlinked web sites, or for damage caused by viruses imported with files from this web site, or from any hyperlinked sites. Certain links in the web site lead to resources maintained by third parties over whom AssistedLivingBook.com has no control. AssistedLivingBook.com makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.

Amendment of Terms of Use

We may amend these Terms of Use from time to time. If you continue to use the Site and/or the services provided by the Site after the amendments become effective, you are deemed to have agreed to be bound by the Terms of Use as amended. If you do not agree to the amended Terms of Use, then you agree not to use the Site and the services provided by the Site.

Privacy

You confirm that you have read, understood and agree to the ALB Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by AssistedLivingBook.com and/or its third-party providers in accordance with the terms of and for the purposes set forth in the ALB Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by AssistedLivingBook.com in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy). AssistedLivingBook.com makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. AssistedLivingBook.com will not be responsible for any actual or consequential damages that result from a lapse in compliance with the ALB Privacy Policy because of a security breach or technical malfunction. AssistedLivingBook.com will only use Your Information in accordance with our Privacy Policy and will notify Providers who use Your information and any other organizations to whom You authorize release of your information to use it in accordance with our Privacy Policy. For more information, see our full Privacy Policy.

Children's Privacy

We are committed to protecting the privacy of children. This Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AssistedLivingBook LLC AND THE ASSISTED LIVING PROVIDERS BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY, FAILURE, INTERRUPTION, CORRUPTION OF DATA, OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The use of the Site and the Content is at your own risk.

Further, AssistedLivingBook accept no responsibility for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, or any other causes beyond the AssistedLivingBook control. No responsibility is accepted for any additional expense, omissions, delays, or acts of any governmental authority. AssistedLivingBook shall not be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall AssistedLivingBook be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. AssistedLivingBook shall not be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the licensing of health care services. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If, despite the limitation above, AssistedLivingBook or its respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then AssistedLivingBook or its respective Providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to AssistedLivingBook in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of AssistedLivingBook and/or its respective Providers.

Some states, to the extent their law might be deemed to apply, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Entire Agreement

These Terms of Use, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and AssistedLivingBook.com relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law

The internal laws of the State of Arizona shall govern the performance of these Terms of Use, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Arizona, USA, for all disputes arising out of, or relating to, the Terms of Use and use of this Site.

CONTACT INFORMATION

If You have any questions or need further information as to the Site or services provided by AssistedLivingBook, or need to notify AssistedLivingBook.com as to any matters relating to the Site please contact AssistedLivingBook at: