Caring Agent is a senior housing and care marketing and information service that provides resources and enables personalized assistance in finding senior housing and care. We work with licensed Real Estate Agents (Partner Agents) to help families and Seniors find options based on stated needs and preferences and empower them to make informed decisions. The communities listed in our database may provide independent living, home care, residential care homes, assisted living, specialized memory care and skilled nursing (Participating Communities). Based on the family's stated needs and preferences, our Partner Agents provide information about contracted communities Participating Communities and assist in the selection of a potential community. The service is offered at no charge to families as the Participating Communities pay a fee to Caring Agent, as well as our Partner Agents.Caring Agent is a senior housing and care marketing and information service that provides resources and enables personalized assistance in finding senior housing and care. We work with licensed Real Estate Agents (Partner Agents) to help families and Seniors find options based on stated needs and preferences and empower them to make informed decisions. The communities listed in our database may provide independent living, home care, residential care homes, assisted living, specialized memory care and skilled nursing (Participating Communities). Based on the family's stated needs and preferences, our Partner Agents provide information about contracted communities Participating Communities and assist in the selection of a potential community. The service is offered at no charge to families as the Participating Communities pay a fee to Caring Agent, as well as our Partner Agents.
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, including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide excellent services and care required by its residents. Each Participating Community is 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 posted on its page or on the Sites. The information does not represent our views or any individual associated with us, and we do 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
We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Participating Community. We provide only an information 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.
No Professional Advice
All information, materials, content and/or advice on the Sites or provided through the Services, and Partner Agents, is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Caring Agent expressly disclaims, and you expressly release Caring Agent 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
Recorded Telephone Communications
Telephone communications between You and Caring Agent 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 Caring Agent and by our 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 System
Intellectual Property Ownership
All trademarks, service marks, and trade names are proprietary to Caring Agent 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 Caring Agent and its licensors. The Caring Agent name, and any Caring Agent products and services, slogans or logos referenced herein on the Sites are either trademarks or registered trademarks of Caring Agent 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.
License for User Materials
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.
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 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 , 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 Caring Agent, 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 Caring Agent, 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, 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, message board, or other community area.
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 BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. CARING AGENT AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) 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 SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, CARING AGENT 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 CARING AGENT OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. CARING AGENT 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, CARING AGENT 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 CARING AGENT 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 CARING AGENT.
Limitation of Liability to the Maximum Extent Permitted by Applicable Law
IN NO EVENT WILL CARING AGENT OR THE ASSOCIATED PARTIES 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 OMISSIONS 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, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, 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.
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 Site 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
Class Action Waiver
WAIVER OF RIGHT TO JURY TRIAL
Claims Subject to Mandatory and Binding Arbitration
Waivers Not Applicable in Certain States
To the extent any provisions herein are not allowed under your State law, then those provisions shall not apply to you.
Copyright Infringement Notices and DMCA Notices
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. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- 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. ' '
- 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’
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send your notice by email to email@example.com or by using the contact information below.