Terms of Use
Effective Date: December 2022
This website is owned and operated by Discovery Senior Living, LLC its affiliates and its properties (collectively, the “Company” or “us” or “we”). Please carefully read these Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use by this reference. These Terms of Use apply to Discovery Senior Living’s website as well as the websites for its properties (each, a “Site” and collectively, the “Sites”).
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PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Unless otherwise noted, the Sites are the property of the Company and its licensors. By using the Site(s), you agree to these Terms of Use, our Privacy Policy and all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the Site(s).
The Sites are not intended for the use of children under 18. By using the Site(s), you are representing that you are at least 18 years old and of legal age to enter into legal agreements.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site(s) following the posting of changes indicates your agreement to and acceptance of the changes.
Privacy and Data Security
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Site(s), you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Site(s) may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.
Content
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Sites is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms of Use, no part of any Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
User Submissions, Feedback and Information
You acknowledge and agree that any submission, feedback, comments, photos, videos or suggestions you may provide to us either directly or indirectly (for example, through the use on a third-party social media site of a Company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of the Company and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and the Company shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant the Company an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by the Company. You consent, for yourself and on behalf of any other person or child whose information or likeness you submit to the Company, to the use by the Company of the information and that it is submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.
Your Use of the Site(s)
In connection with your use of the Site(s), you agree that you will not:
- post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- interfere with or damage the Site(s), including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Site(s) to transmit, distribute, post or submit any information concerning any other person or entity;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- “scrape,” “crawl” or “spider” any web pages or other services contained in the Site(s);
- display, mirror or frame the Site(s), or any individual element within the Site(s), the Company’s name, any trademark, logo or other proprietary information of the Company, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
- access, tamper with, or use non-public areas of the Site(s), our computer systems, or the technical delivery systems of the Company’s providers;
- attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Site(s) or any of the content on the Site(s);
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site(s); or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Site(s) is expressly prohibited.
The Company reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site(s), or any portion of the Site(s), for any reason; (2) to modify or change any applicable policies or terms; and (3) to interrupt the operation of the Site(s), or any portion of the Site(s), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Copyright Policy
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We do not permit copyright infringing activities and infringement of intellectual property rights on the Sites and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the Site(s);
- identification of the URL or other specific location on the Site(s) where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected] or by mail at Copyright Agent, c/o Discovery Senior Living, 3461 Bonita Bay Blvd #100, Bonita Springs, FL 34134.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation
Links to Other Sites
The Site(s) may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Indemnity
You agree to indemnify and hold the Company, its affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the “Company Parties”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against a Company Party by any third party due to or arising out of or in connection with (1) your access to or use of the Site(s); (2) your violation of these Terms of Use or any applicable law, rule or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.
Disclaimer; Limitation of Liability
THE SITES AND ALL CONTENT OFFERED THROUGH THE SITES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW OR AS MAY BE OTHERWISE AGREED IN A SEPARATE AGREEMENT WITH THE COMPANY, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE COMPANY PARTIES OR THE COMPANY’S THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
BY ACCESSING THE SITE(S), YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Violation of These Terms of Use
You agree that the Company may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Site(s) and/or block your future access to the Site(s) if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site(s). You also agree that any violation by you of these Terms of Use will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
Governing Law
You agree that all matters relating to your access to or use of the Site(s) and our products and services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms of Use and the use of the Site(s) (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms of Use. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).
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No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be in Bonita Springs, FL.
Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Bonita Springs, FL for the purpose of litigating all such disputes. You also waive your rights to a jury trial.
Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
Users Outside of the United States
The Company and the Sites are operated in the United States. Although the Sites are accessible worldwide, not all features, content or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Site(s) from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site(s), in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with our Privacy Policy and any other legal notices published by the Company, constitute the entire agreement between you and the Company with regard to your use of the Site(s) and our content and services. Our failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by us of any provision or any right we have to enforce these Terms of Use. Any such waiver must be in writing in order to be effective. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Canada
The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Questions and Contact Information
Discovery Senior Living is located at:
3461 Bonita Bay Blvd #100 Bonita Springs, FL 34134
Phone: (855) 542-7743
Email: [email protected]
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