Terms of Service

Effective JULY 2009

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 OurParents, Inc, and/or an affiliate thereof (individually and collectively, "OurParents").

These Site Terms apply exclusively to the access to, and usage of, the Site. Please read them carefully. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with OurParents, for services, products or otherwise. We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site.

Medical Advice

The site does not provide medical advice.

The contents of the Site, such as text, graphics, images, information obtained from OurParents 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. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. OurParents does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by OurParents, OurParents employees or consultants, others appearing on the Site at the invitation of OurParents, or other visitors to the Site is solely at your own risk.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Our Senior Care Partners

Any care provider that offers housing and/or supportive services to elderly and/or disabled individuals of the nature referenced on this Site (including Alzheimer's care facilities, assisted living facilities, assisted independent living facilities, home care facilities, nursing home facilities, residential care facilities, retirement facilities, adult day care facilities, senior apartment facilities or hospice facilities), is eligible to be included on our website.

This includes providers as licensed by their respective states. It includes (1) providers that have not entered into an agreement with us and (2) providers that have entered into an agreement with us and paid a fee, or agreed to pay a fee in the future in certain circumstances, for being differently promoted in our product and services offerings. We impose no requirements on our partner providers as to the manner in which they deliver services to residents, and only require that they represents to us that they are licensed, and will at all times remain licensed, by the state in which they operate (unless their state doesn’t require licensure). Each provider that has entered into an agreement with us, has agreed to charge our clients in the same way they charge other clients for the same care level.

Our Services

We maintain a comprehensive database of eldercare facilities throughout the 50 United States. We provide a full search experience for users, trying to provide a wide a result range as possible to our users. We help adult children and their families evaluate the type of care needed by an elderly person including an assessment of issues such as care requirements, desired price level, and amenity preferences. Using our understanding of the user’s needs and preferences, we attempt to help identify the senior care providers in our database that could potentially meet those needs and preferences. We provide the names of those providers to the user. In addition, we may sometimes forward the user’s name and relevant information to the provider(s) along with a request that the provider contact the user.

No Endorsement; No Affiliation

Due to the complicated and constantly changing healthcare delivery landscape, we exercise no independent judgment as to the quality of the provider(s), nor do we endorse or any provider(s). We do not provide advice regarding which provider(s) you should use and you should make decisions regarding service providers only after consulting with them, your family members and other knowledgeable sources, based on your specific needs, after a thorough review and investigation. We see our mission, and are committed to informing adult children and other family members on how to best assess quality care so that they can make good decisions before and after the is placed with a provider. OurParents is not owned or affiliated or related in any way with any of the providers listed on our Site, except for through the fee that some providers may pay us to be differently promoted.

No Professional Advice

The information contained in this Site may include content that relates to medical, legal, financial or other professional matters. It is provided for informational and discussion purposes only and should not be used, or relied upon as professional medical advice, treatment or diagnosis; legal; financial or professional advice; or advice regarding which service providers you should use. You should always consult with a medical doctor, and attorney, a financial or other professional if you need assistance with matters that fall into their area of expertise.

Privacy and Consent to Communications

We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information. By filling out any of the forms on the Site or by providing information to us, you acknowledge that we have established a business relationship and you explicitly consent to being contacted by us or our providers, whether by phone, email, mail or any other means.

Use of Site; Limited License

You are granted a limited, non- sub licensable license to access and use the Site and all content, data, information and materials included in the Site (the "Site Materials") solely for your personal use, subject to the terms and conditions set forth in these Site Terms. You may not use the Site or any Site Materials for commercial purposes. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site or service any of the Site Materials. You will not use the Site in any way that is unlawful, or harms OurParents, SnapForSeniors, Inc. and/or its partners. You will not use the Site or any of the Site Materials other than for their intended purpose. Without prejudice to the foregoing, you may not engage in the practices of data mining, often referred to as "screen scraping," or "database scraping", or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses automatic web robots ("bots") or similar data gathering or extraction methods. OurParents and SnapForSeniors, Inc. reserve the right to take legal actions for violations of this or any other applicable term of 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 Site. Any use of the Site or the Site Materials other than as authorized herein is strictly prohibited and will 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 Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.

Account Security

Each person that is provided with a password and user ID to use the Site must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account.

Submissions

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 OurParents or the Site, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Our Commitment

OurParents is committed to helping adult children and their families understand their senior housing needs and providing a variety of options and choices in obtaining care and services for loved ones. Consequently, OurParents is not owned or affiliated or related in any way with any of the providers listed on our website, except for through the fee that some providers may pay us to be differently promoted.

Hyperlinks

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or websites linking to the Site. We do not control such sites and are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. These links are provided to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Embedded content

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party content embedded in the Site. Such content is not under our control and we are not responsible for this content. We provide this content to you only as a convenience, and the inclusion of any such third party embedded content does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, via a 3rd party embedded content, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Third Party Products and Services; Third-Party Content

We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any damage or loss or of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not endorse, recommend or approve any such third party who advertises their goods or services through the Site. Always investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Site. We do not represent and do not warrant, that any third party who places advertisements on the Site is licensed, qualified, reputable or capable of performing any such service. Ourparents makes no representations as to the safety of any specific neighborhood. The information provided is based on U.S. Census data. We recommend that you check with local law enforcement authorities, and that you check the facility and location during a personal visit and draw your own conclusions.

Average long term care financial data provided by Genworth 2009 Cost of Care Survey http://www.genworth.com/content/etc/medialib/genworth_v2/pdf/ltc_cost_of_care.Par.8024.File.dat/cost_of_care.pdf

User Submissions and Public Areas

If you use a Public Area, such as a chat room, message boards, reviews, blogs, community postings, or other member community activities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. You are solely and legally responsible for any photos, profiles, comments, reviews, ratings, posts, text, information, and other content ("UGC") you upload, publish or display on the Website. You may not post Content you did not create or that you do not have permission to post. You understand that OurParents may, but is not obligated to, review the UGC and may delete or remove it without notice. When you post UGC to the Website you authorize and direct us to make copies as we deem necessary. By posting UGC you automatically grant, and you represent and warrant that you have the right to grant, to OurParents an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such UGC for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such UGC, and to grant and authorize sublicenses of the foregoing. You may remove your UGC from the Site at any time. If you choose to remove your UGC, the license granted above will automatically expire, however you acknowledge that OurParents may retain archived copies of your UGC.

OurParents does not assert any ownership over your Content, unless otherwise noted. OurParents and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by OurParents in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of OurParents, exposes OurParents or any of its customers or suppliers to any liability or detriment of any type.

OurParents reserves the right (but is not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications, which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

OurParents or its licensors have no liability or responsibility to users of the OurParents Site or any other person or entity for performance or nonperformance of the aforementioned activities

Disclaimer

THE SITE 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" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. OURPARENTS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE. IN ADDITION, OURPARENTS IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY SERVICE PROVIDER OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY ALZHEIMER’S CARE FACILITY, ASSISTED LIVING FACILITY, ASSISTED INDEPENDENT LIVING FACILITIES, HOME CARE FACILITY, NURSING HOME FACILITY, RESIDENTIAL CARE FACILITY, RETIREMENT FACILITY, ADULT DAY CARE FACILITY, SENIOR APARTMENT FACILITY OR HOSPICE FACILITY, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM OURPARENTS OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. OURPARENTS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, OURPARENTS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL OURPARENTS BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF OURPARENTS.

Limitation of Liability

The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of OurParents and its suppliers. Accordingly, OurParents assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the OurParents Site.

The Site and the content are provided on an "as is" basis. OURPARENTS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, OurParents, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

In no event shall OurParents, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not OurParents, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. OurParents, its licensors, its suppliers, or any third parties mentioned on the OurParents Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined above).

Indemnity

You agree to defend, indemnify, and hold OurParents, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions

Termination

We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. We reserve the right not to respond to any requests for information for any reason, or no reason.

Applicable Law and Venue

These terms and conditions are governed by and construed in accordance with the laws of the Commonwealth of Virginia, applicable to agreements made and entirely to be performed within the Commonwealth of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Arlington, Virgina, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General Terms

If any part of the Site Terms 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 Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Sites.

Copyright, Trademark and Patent Notices

Portions of the Sites are protected by OurParents intellectual property rights and unless otherwise explicitly indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of OurParents and its suppliers and are protected by U.S. and international copyright laws. The OurParents name, and any OurParents products and services slogans or logos referenced herein are either trademarks or registered trademarks of OurParents in the United States and/or other countries. The names of third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. If you 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 OurParents, 11480 Commerce Park Dr., Suite 300 Reston, VA 20190 --Attn: General Counsel. Please include the following information: (1) a description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including full address, telephone number, and email address (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.

External Sources

Source of data for OurParents include, but is not limited to, the following:

• Genworth
• Medicare
• US Census Bureau
• SnapForSeniors, Inc