Terms of Use

EFFECTIVE MAY 13, 2020

Please read these terms and conditions of use (“Terms of Use”) carefully.

This website is provided by SeniorLeaf, a division of Deseret Digital Media, Inc., and its affiliates (collectively, “SeniorLeaf”, “we”, “us”, “our”). By accessing or using this website as well as all other websites and social media pages provided, owned, or operated by SeniorLeaf (the “Site” or “Sites”), or the services associated or connected with SeniorLeaf, including but not limited to our call center and senior expo services, you are indicating your acknowledgement and acceptance of these Terms of Use and our Privacy Policy without modification by you. These Terms of Use are subject to change by SeniorLeaf at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

THE SERVICES

As used below, the term “Services” means the Sites, the senior living and senior care information, recommendations and any other services that SeniorLeaf provides. SeniorLeaf offers its Services at no charge to older adults or their families. We are paid by senior living, senior care, and other service providers with whom we contract.

In addition to these Terms of Use, your access to and use of the Services may also be subject to any legal notices or additional terms and conditions applicable to the Services ("Additional Terms"). These Terms of Use, together with the Additional Terms, form a legally binding agreement between you and SENIORLEAF in relation to your use of Services. 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 Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Services by the laws of the jurisdiction from which you access the Services.

SERVICE PROVIDERS

SeniorLeaf provides information about and offers to connect you with senior housing, care, financial, and other service providers (each a “Provider”; collectively “Providers”). We are not a Provider nor are we an agent of any Provider or of you. You acknowledge and agree that you rely on your own judgment in selecting Providers and that Providers are solely responsible for any products or services they may provide to you. You acknowledge and agree that SeniorLeaf is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Provider’s products or services.

Providers are solely responsible for evaluating, accepting (or declining, as applicable), and serving the seniors referred to them, including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its residents. Each Provider is responsible for the conditions of its facilities, the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works for or at the Provider.

Each Provider also is responsible for the content of the information posted on its websites. Such information does not represent our views, or any individual associated with us, and we do not control such content. We do not monitor or vouch for the accuracy or completeness of any of the information posted by or for the Providers, nor do we take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by or for the Providers.

We do not perform any medical assessment of any individual or Provider or participate in your and the Provider's decision regarding final selection or admittance. While we work with both you and the Provider, we are not a legal party to any transaction between you and the Provider.

NO PROFESSIONAL ADVICE

We offer information and content through the Services which may include medical, legal, financial, housing, and other information related to senior living and senior care. Such information is for educational and informational purposes only and is not a substitute for any professional, financial, medical, legal, or other advice. Your access or use of our Services does not create in any way a physician/patient, attorney/client, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We expressly disclaim, and you expressly release us from, any and all liability concerning any treatment of, action by, or effect on any person following the information offered or provided within or through the Services. Always consult with an appropriately trained and licensed physician, attorney, financial advisor or other professional.

PRIVACY AND CONSENT TO COMMUNICATIONS

SeniorLeaf uses the information you provide to us in accordance with our Privacy Policy. For more information, please review our full Privacy Policy, the terms of which are hereby incorporated herein. By filling out any forms on our Sites or otherwise providing information to us, you expressly consent to being contacted by us and the Providers, 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 provide us, and related information we may receive from third parties, to Providers 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 disclose your information when communicating with a Provider as necessary for our normal Provider-related business practices (such as Provider billing matters) until such matters are closed.

RECORDED TELEPHONE COMMUNICATIONS

Telephone communications between you and SeniorLeaf may be recorded or monitored for quality control purposes. By providing information to us, you expressly consent to SeniorLeaf recording and monitoring these telephone communications.

ACCESS AND USE OF THE SERVICES

By accessing or using the Services, you agree not to use the Site or Services for any commercial, fraudulent, or unlawful purpose or for any purpose not expressly intended by SeniorLeaf. You agree not to interfere 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.

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, harvest, acquire, copy or monitor our data or any portion of our Services without our prior written permission.

You agree not to impersonate or otherwise misrepresent your identity or affiliation with a person or entity.

You agree to refrain from accessing secured portions of the Sites; jeopardizing the proper functioning of the Sites; reverse engineering or otherwise deriving the source code that enables the Sites; circumventing, disabling, or discovering any security measures, including but not limited to encryption algorithms and passwords, used by or for SeniorLeaf to protect its computer systems.

You agree not to engage in any other action in any way that is unlawful or harms SeniorLeaf.

UNAUTHORIZED USE AND TERMINATION

You may use the Site only for authorized and legal activities. SeniorLeaf reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

Minimum Age

The Services is not directed to, or intended for use by, anyone under the age of eighteen (18). Individuals under the age of eighteen (18) are not authorized to use the Services.

INTELLECTUAL PROPERTY

You acknowledge that all content and materials available at the Site or via our call center or senior expo (collectively, the “Content”) are owned or controlled by SeniorLeaf and protected by copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may use the Sites and Content only as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices.

You may not use the Site or the Content for any commercial purpose. Except as authorized by SeniorLeaf in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of SeniorLeaf is prohibited. Unless otherwise indicated, all logos, names, designs and marks on the Site are trademarks or service marks and may not be used without SeniorLeaf’s permission.

LINKS TO EXTERNAL WEBSITES

The Sites may provide links to external websites. Unless otherwise indicated, such links are provided for your convenience only and do not constitute or imply an endorsement by SeniorLeaf of such sites or content. In all cases, your use of and dealings with the owners or operators of such websites are at your own risk, and you agree not to make any claim against SeniorLeaf arising out of your use of sites. The linked sites may appear to be integrated into the Sites but are not under SeniorLeaf’s control. SeniorLeaf is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before deciding to use that site.

THIRD PARTY PRODUCTS AND SERVICES

We may display advertisements or promotions from, and links or referrals to, Providers and other third parties on the Sites. We make no guarantees about, nor do we assume any liability or responsibility for, the accuracy, currency, suitability, or quality of the information about such products and services. You are solely responsible for your dealings with third parties and their products and services. We encourage you to investigate and use your best judgment regarding the merits and quality of any third-party products and services you find on or through the Sites.

DISCLAIMER OF WARRANTIES

THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “SITE MATERIALS”), ARE PROVIDED ON AN “AS IS/WHERE IS/AS AVAILABLE” BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SENIORLEAF DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS AVAILABLE AT THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SENIORLEAF, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF SENIORLEAF, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SITE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF SENIORLEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, reimburse and hold harmless SeniorLeaf, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor, agent, successor, and assign of SeniorLeaf, for, from, and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys’ fees, that arise from your use of the Services, or your violation of the Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.

CHANGES TO THE TERMS OF USE, SITES, AND SERVICES

We reserve the right to update or change the Terms of Use, the Sites, and the Services at any time. Updates to the Terms of Use will be posted here and will take effect immediately upon us posting the updated Terms of Use on our Sites. By continuing to access and use our Services following the posting of any such changes, you shall automatically be deemed to accept all such changes.

INTERNATIONAL USE

The Sites are intended for use by legal U.S. residents. If you choose to access the Sites from any location outside this area, you accept full responsibility for compliance with the laws of the jurisdiction where such access occurs. We make no representation that the Sites or Site Materials are appropriate or available for use in locations outside the U.S. Accessing the Site or using any Site Materials from any jurisdiction where access or use is illegal is prohibited.

LEGAL DISPUTES

You and we agree that any dispute in law or equity arising from the Terms of Use, Sites, or your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of Utah, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site will be in the state or federal courts located in Salt Lake County, State of Utah. By using the Site, you hereby submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.

INTEGRATION AND SEVERABILITY

These Terms of Use along with the Privacy Statement, posted elsewhere on the Site, constitute the entire agreement between SeniorLeaf and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of these Terms of Use or the Privacy Statement are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.

NO COMMERCIAL SOLICITATION

Businesses may not contact Individual sellers to solicit commercial services or products.