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 PARADISE ASSISTED LIVING (INDIVIDUALLY AND COLLECTIVELY, "SITE" OR "SITES").

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO JURY TRIAL CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH A PLACE FOR MOM. PLEASE READ IT CAREFULLY.

The Sites and the Services are provided by PARADISE ASSISTED LIVING. ("PARADISE").

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 notify you by revising the date at the top of the Terms of Use and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Your 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. To the extent that notice is required under any applicable law or otherwise, you waive the right to such notice, provided that this sentence will not apply to you if you are a Washington State resident or to the extent you are seeking Services in Washington State.

The Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with PARADISE 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 PARADISE 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.


PRIVACY AND CONSENT TO COMMUNICATIONS


Your privacy is important to us, and we provide a Privacy Policy that sets out how we collect and use your personal information collected from the Sites and in connection with your use of our Services. Please review our Privacy Policy to which you should refer to fully understand how we collect and use personal information. By filling out any forms on the Sites or providing information to us, you expressly consent to being contacted by us and/or the Participating Communities, whether by phone, mobile phone, email, mail, or otherwise. If you are a customer or potential customer of the Services, you authorize us to provide the information that you provided us and related information we may receive from third parties to Participating Communities for the purpose of providing Services. Such authorization shall continue in effect until you have withdrawn your consent by requesting that we no longer provide you Services; provided that we may continue to refer to and/or disclose your information when communicating with a Participating Community as necessary for our normal Participating Community related business practices (such as Participating Community billing matters) until such matters are closed.

RECORDED TELEPHONE COMMUNICATIONS


Telephone communications between You and PARADISE may be recorded or monitored for quality control purposes. You expressly consent to APFM recording and monitoring these telephone communications.

CONSENT TO AUTOMATIC TELEPHONE DIALING SYSTEM


You agree to be contacted by PARADISE and by our senior living customers at the telephone number you have provided. You agree that we and our senior living customers may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number you have provided, even if you previously registered on a Do Not Call registry; however you do not need to consent to this to use our Services.

USE OF SITES; LIMITED LICENSE


You are granted a limited, revocable, non-exclusive, nontransferable, 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 these 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 APFM. 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 these 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 APFM at any time.

NO UNAUTHORIZED ACCESS OF AND/OR USE OF THE SITES AND/OR SERVICES


The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites and/or Services, and you agree not to do any of the following:

  • 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, APFM'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.
  • 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 APFM 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 harms APFM.

INTELLECTUAL PROPERTY OWNERSHIP


All trademarks, service marks, and trade names are proprietary to PARAIDSE 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 APFM and its licensors. The APFM name and any APFM products and services, slogans, or logos referenced herein on the Sites are either trademarks or registered trademarks of APFM 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.


TERMINATION


We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.

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.