Effective March 2022
Shopseniorhomes.com is a platform to provide access to a listing of any and all services the geriatric community, or their friends, family, or assigned agents may require. These listings may include assisted living, continuing care residential communities, board and care homes, RCFE’s, ARF’s, home health, care givers, memory care units, medical equipment, legal advice, moving companies, real estate, financial advisors, VA aid and attendance, funeral services, hearing aid providers, life alert style services or providers. This list is not meant to be an all encompassing list of services found on this Site or Sites. The only service provided by Shopseniorhomes.com on this Site or Sites is the platform to access information on participating service providers. Furthermore, Shopseniorhomes.com provides a platform where the community can leave reviews of their interaction with participating service providers found on this Site or Sites. This site or Sites, and the information provided therein are offered for information purposes only. This Site or Sites is not responsible or liable for the accuracy, validity, usefulness, or availability of any information made available through this site, be it directly or indirectly. This Site or Sites, are not responsible or liable for any errors and omissions contained within the information listed by participating providers. This platform is offered at no charge to the user as participating providers pay a fee to Shopseniorhomes.com.
Participating partners and parties are solely responsible for the validity, viability, accuracy, and legality of their posted content. Participating partners and parties are solely responsible for any and all agreements, promises, or contracts entered into between the participating partner, party, or parties and the user or designated agent. At no time is Shopseniorhomes.com or this Site or Sites a part of any and all contracts, promises, or agreements reached between the user and participating partners. At no time shall Shopseniorhomes.com or this Site or Sites be held liable, responsible, or involved in any dealings between participating partners and the user or designated agent.
Each participating partner is solely responsible for the content of information posted on this Site or Sites. Information posted to this Site or Sites by participating partners does not represent the views of Shopseniorhomes.com or this Site or Sites or any individual associated with Shop Senior Homes Inc. or this Site or Sites, nor does Shopseniorhomes.com or this Site or Sites control the content posted by participating partners. Shopseniorhomes.com of this Site or Sites does not guarantee or affirm the accuracy, validity, or completeness of any information posted by or for participating partners, and does not assume responsibility or liability for any actions the user may take as a result of the information provided by or for participating partners. Through use of this Site or Sites, the user assumes all associated risks, responsibilities, and obligations.
No Affiliation; No Endorsement
Shopseniorhomes.com and this Site or Sites exercises independent judgement as to the quality of participating partners, and the services these participating partners provide. Shopseniorhomes.com and this Site or Sites in no way recommends or endorses any participating partner. Shopseniorhomes.com and this Site or Sites is only an information providing platform. At no time will Shopseniorhomes.com and this Site or Sites be privy to or party to any agreement, contract, transaction, or understanding reached between the user and participating parnter, Shopseniorhomes.com and this Site or Sites is not a representative of or agent for either the user or participating partner, and do not act on the behalf of either.
Advice, Professional or Otherwise Not Provided
Any and all content, information, advice, or informational materials on this Site or Sites, or provided by Shopseniorhomes.com is for informational purposes only, and in no way serves as a substitute, fill-in, or replacement for any professional, medical, legal, real estate, or financial advice. Shopseniorhomes.com and this Site or Sites expressly disclaims, and the user expressly releases Shopseniorhomes.com and this Site or Sites from any and all liability concerning any action or effect on the user making use of information offered by or provided through or within this Site or Sites. The user is urged to consult with properly trained, certified, and licensed professionals for all concerns that require legal, financial, medical, and any other and all advice.
Privacy and Consent to Communications
The user as a customer or potential customer of the services offered by participating partners authorizes Shopseniorhomes.com and this Site of Sites to provide the information provided to us to participating partners, and any and all related information Shopseniorhomes.com and this Site or Sites may receive from outside parties to participating partners for the purpose of providing services to the user. This authorization shall remain in continuous effect until the user or their designated agent or representative has withdrawn that consent through a request that Shopseniorhomes.com and this Site or Sites no longer provide you services or access to the informational platform.
It is understood and agreed by the user and or their designated agent or representative that Shopseniorhomes.com and this Site or Sites may continue to refer and or disclose your information when communicating with participating partners as necessary and required for our normal related business practices, such as matters of billing, until all such matters are closed.
Recording of Telephone Communications
For quality control and training purposes, any and all telephone communications between the user or their designated agent or representative and Shopseniorhomes.com and this Site of Sites may be recorded and or monitored. Express consent to the recording, monitoring, and archiving of any and all telephone communications is given by the user by filling out any form, questionnaire, or by providing information to Shopseniorhomes.com and this Site or Sites.
Limited License; Use of Site or Sites and Information Contained Therein
Examples of Unauthorized Use or Access of This Site or Sites and Services Contained Therein
- Engaging, promoting, or attempting to access secure portions of this Site or Sites. This includes circumventing or any attempt to circumvent, disable or attempt to disable, discover or attempt to discover any security feature or measure to include passwords, access keys, security related algorithms, or like device, feature, or technology in use by Shopseniorhomes.com and this Site or Sites to protect data and communications systems.
- Use of this Site or Sites and the information, data, materials, or content contained therein to generate and deliver unsolicited email advertisements (spam), or any other action that enables, supports, or makes possible the transmission and delivery of unsolicited email for any reason, to include but not limited to commercial, advertising, soliciting, harassing type uses.
- Uploading or attempting to upload, embed, emplace, or transfer any form of malicious, infectious, potentially harmful, or otherwise nonnative and therefore unauthorized for of software. In addition to a virus, backdoor, worm, trojan, or trap door, this includes any code, routine, exploit, instruction, or software that is nonnative, and would therefore be expected to bring harm to Shopseniorhomes.com or this Site or Sites, and the good running order, functionality, and security to the user, Shopseniorhomes.com, this Site or Sites, participating partners, and the data, material, content, and information contained therein.
- Use of this Site or Sites for commercial purposes.
- Linking to, uploading, distributing, or in any way making available, discussing, mentioning, suggesting, or promoting anything that may be harmful, prohibited, or illegal to minors.
- Using this Site or Sites, or any information, content, data, or material contained therein to harass, stalk, intimidate, threaten, or otherwise bring harm to another individual.
- Engaging in, conducting, promoting, and or encouraging any illegal actives while using this Site or Sites, and the services contained therein.
- Impersonating any individual or entity, to include a potential user or designated agent or representative, participating partner or any employee or relation to an employee of a participating partner, any employee or relation to an employee of Shopseniorhomes.com and this Site or Sites, or in anyway misrepresenting your affiliation with a person, entity, or concern.
- Mirroring this Site or Sites in any way. Engaging in any action that affects the display of any and all portions of this Site or Sites. Engaging in any action that is unlawful or brings harm to Shopseniorhomes.com, this Site or Sites, or any participating parter.
- Performing any type of data mining, data collection, or any other such activity to gather information on users or participating partners for the purposes of harm, resale, reproduction, distribution or redistribution, licensing, copying, transmitting, or in any way recreating any portion of this Site of Sites.
- Interfering, harming, disabling, slowing, or in any way altering the good running order, usability, stability, or integrity of this Site or Sites, and the data, content, materials, and information contained therein, or in any way compromising this Site or Site or the infrastructure and architecture connected to this Site or Sites, Shopseniorhomes.com, or participating partners.
- Any attempt to gain access to, gather, collect, alter, recreate, or reverse engineer the source code of this informational platform, to include any action that hinders or jeopardizes the good running order, fit, functionality, accessibility, or usability of this Site or Sites, and the information, content, data, material, or services contained therein.
The above list is not a full accounting of unauthorized uses or activities, but is merely meant to provide a relevant and easily understood series of examples. Use of this Site or Sites or the information, content, data, material, or services contained therein represents express consent to not engage in any prohibited, harmful, or unlawful activities.
Furthermore, Shopseniorhomes.com and this Site or Sites will always attempt to provide access to this Site or Sites in a manner safe from viruses, Shopseniorhomes.com does not warrant, represent, of covenant that this Site or Sites, or the servers this Site or Sites operating on or from, are free of viruses or other harmful or malicious code. At no time will Shopseniorhomes.com be liable to the user for any product, service, program, content, data, information provided through this Site or Sites, or provided by or on behalf of Shopseniorhomes.com.
User Generated Submissions in Public Areas
During use of public areas of this Site or Sites, such as the review section of a participating partner where user reviews are permitted, terms and conditions apply to the user. The user, designated agent, or representative agrees that any and all submissions are not confidential in nature, nor should the expectation of confidentiality for any submission be expected.
Shopseniorhomes.com and this Site or Sites will hold the right to unrestricted use, distribution, display, reproduction, and sublicense of user submissions for any purpose, to include commercial or otherwise, without the user being entitled to compensation, acknowledgement, or notification. Shopseniorhomes.com and this Site or Sites will hold and own exclusive rights, to include all intellectual property rights, to user submissions.
As the user, it is your responsibility to never post submissions that encourage criminal behavior or illegal in nature, open any party to civil liability, violate city, state, county, federal, or international law. This includes libel, defamation, threatening, harassing, intimidating, indecent, vulgar, obscene, or pornographic submissions of any kind. As the user, you agree never to infringe upon or violate the rights of others, to include trademark, proprietary, copyright, privacy, or publicity of others, without permission from the individual or concern that owns or holds these rights. As the user, you agree never to submit anything that contains malicious code, a virus, or any other destructive construct. As the user, you further agree to not violate any law, ordinance, regulation, or statute including but not limited to fraud, false advertising, discrimination, or misrepresentation.
Additional stipulations may apply to the user in areas where user submissions are authorized.
Ownership of Intellectual Property
Any and all trade names, trademarks, and service marks found on this Site or Sites are proprietary to Shopseniorhomes.com and licensors. All interests, rights, and title in and to this Site or Sites, to include trademarks, intellectual property, content and materials found on this Site or Sites are solely vested in Shopseniorhomes.com and this Site or Sites. The names and logos of participating partners and their products, programs, and services may be the trademarks of these participating partners and their licensors. The Shopseniorhomes.com name, and the names of this Site or Sites, and any and all services, programs, or products contained therein are either trademarks of registered trademarks of Shopseniorhomes.com in the United States or elsewhere. Any and all rights not expressly granted herein are reserved.
Third Party Services and Products
The Site or Sites and all materials, content, data, recommendations, services, products, reviews, links, and information therein to include all third party and participating partner content, are provided on an ‘As is’ basis without expressed or implied warranties of any kind. As the user, you expressly agree, understand, and acknowledge that use of this Site or Sites and the content, information, links, materials, programs, products is done so at the sole risk of the user.
Shopseniorhomes.com, this Site or Sites, and associated parties such as owners, directors, shareholders, employees, agents, representatives, successors and affiliates disclaim any and all warranties, express or implied including but not limited to implied warranties of fitness for a particular purpose, merchantability, title, and non-infringement this Site or Sites to include Site or Sites content, information, data, materials, programs, products, and services available on or through this Site or Sites or contained therein.
Shopseniorhomes.com and this Site or Sites is not responsible for the conduct, products, content, or services provided by third parties or participating partners, to include employees, representatives, or agents of third parties and participating partners. This applies even if introduction to such third parties or participating partners comes about through use of any and all programs, services, information, content, data, materials, or links.
Shopseniorhomes.com and this Site or Sites reserves the right to allow advertisements and promotions from participating partners, and other third parties. Shopseniorhomes.com and this Site or Sites also reserves the right to provide information, links, or referrals to participating partners and third parties and products, programs, and services offered. Shopseniorhomes.com and this Site or Sites in no way offer nor make guarantees as to the quality, validity, suitability, accuracy, or currency of information about participating partner and third party services, products, programs, information, content, material, or offerings.
At no time does Shopseniorhomes.com and this Site or Sites assume responsibility for questionable, objectionable, misleading, inaccurate, unlawful, or unintended content provided by participating partners, third parties, or any individuals, agents, representatives, or agents of said participating partners or third parties.
Shopseniorhomes.com and this Site or Sites do not control participating partners or third parties, to include content, material, data, information, programs, products, or services, and as such Shopseniorhomes.com and this Site or Sites is not responsible nor liable for loss, harm, damage, or misfortune of any type incurred by the user as a result of any interaction, arrangements, or dealings, business, or communications between the user and any and all participating partners or third parties. Use of any and all participating partner or third party service, program, product, advice, content, information, data, or suggestion is at the user’s sole risk.
Any and all dealings, to include, business, correspondence, information exchange, formal or informal agreement, use of service, use and or participation in an offered program, or use and or participation in an offered service is outside of the responsibility and liability of Shopseniorhomes.com and this Site or Sites. Such dealings between the user and any participating partner or third party, and the terms, warranties, guarantees, assurances, conditions, or representations made or associated are strictly between the user and participating partner or third party, with Shopseniorhomes.com and this Site or Sites having no involvement, liability, or responsibility. The user is urged and expected to perform their own due diligence on any participating partner or third party, and the products, services, content, data, guarantees, material,or reputations involved.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED AND ALLOWED BY APPLICABLE LAW, IN NO EVENT OR CIRCUMSTANCE WILL Shopseniorhomes.com OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, TYPE, OR SORT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERPRETATION AND USE, AND ANY OTHER PECUNIARY OR LOSS OF ANY TYPE ARISING FROM OR IN ANY WAY RELATED TO THIS SITE OR SITES AND OR SERVICES, INFORMATION, CONTENT, DATA, PROGRAMS, AND MATERIALS, OR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITE OR SITES, SERVICES, PROGRAMS, INFORMATION, CONTENT, DATA, MATERIAL, OR OTHERWISE UNDER OF IN CONNECTION WITH THE SITE OR SITES AND OR SERVICES, REGARDLESS OF THE LEGAL THEORY INCLUDING WITHOUT LIMITATION STRICT LIABILITY, TORT, BREACH OF CONTRACT OR BREACH OF WARRANTY BY Shopseniorhomes.com AND THIS SITE OR SITES OR ANY ASSOCIATED PARTY, EVEN IF Shopseniorhomes.com AND THIS SITE OR SITES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, DISCLAIMERS, AND EXCLUSIONS OF THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE MAXIMUM EXTENT POSSIBLE AND PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALL THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THIS LIMITATION MAY NOT APPLY.
Shopseniorhomes.com and this Site or Sites, to include any employee, director, or representative reserves the right to suspend and or terminate you access to this Site or Sites, at any time, with or without cause, and with or without notice. Such termination or suspension will result in an immediate loss of the user’s access to and right to make use of this Site or Sites, and all content, data, material, information, programs, services, and products contained therein.
Changes and Alterations to this Site or Sites, and or Services, Products, Content, Information, Programs, Materials, and Data
Shopseniorhomes.com and this Site or Sites reserves the right to alter, change, update, modify, suspend, or cease providing this Site or Sites, and or the services, products, content, information, programs, materials, and data contained therein at any time without notice. This is applicable to the user’s access and use of this Site or Sites, and any services, products, content, information, programs, products, materials, and data contained therein.
Governing Law and Forum Selection
The user hereby voluntarily, knowingly, intelligently, and irrevocably waives any available affirmative defenses under federal law or any states laws to jurisdiction and venue in California, including without limitation forum non convenient, improper venue, lack of in personal jurisdiction, and all related defenses.
The user further agrees that this forum and venue selection clause will apply to any and all claims under federal law, or any states laws and that arise or stem from or relate in any way to Shopseniorhomes.com, this Site or Sites, or any material, information, content, data, services, programs, and products, including without limitation, tort, contract, and all other common law statutory claims seeking legal or equitable relief and resolution, be they asserted as an affirmative defense, cause of action, cross-claim, counterclaim, or otherwise, and asserted as a putative representative of a class or on an individual basis.
Waiver of Right to Jury Trial
Claims Subject to Binding and Mandatory Arbitration
Waivers Not Applicable in California
If, as a copyright owner, and believe the material covered under your copyright, has been used on this Site or Sites in a way that constitutes copyright infringement, you are urged to bring the matter to our attention in written form to Shopseniorhomes.com, 25706 Lewis Drive, Hayward, CA 94544.
In this written communication, we ask that the following pieces of information be included:
- A detailed description of the material believed to infringe on copyrighted material.
- Detailed description of where the believed infringing material is located on this Site or Sites.
- Contact information to include name, contact number, email address, and physical address.
- A statement attesting to your belief that the material believed to infringe is not authorized the copyright owner/holder, any agents or representatives, or the law.
- A notarized sworn statement, made under oath and the penalty or perjury, affirming that all information included in this written communication is true and accurate, and that you are authorized to act on behalf of the copyright owner
- Physical signature of the copyright owner or a designated agent empowered to assert infringement and submit this claim.