Terms of Use – Advocate Senior Placement

1. OUR SERVICE

The service that we provide assists families find independent living, assisted living memory care communities, and other senior care options in the Great Denver Metro and surrounding areas. We make our best efforts to “match” your loved one’s needs based on your answers to our intake and in-person assessment. We assume that your answers are accurate to the best of your knowledge. You will be “matched” to providers in our network. You may be offered care options outside of our network.

We vet your care options based on state surveys and our own objective interview of one or several of the following staff, owner, administrator, executive director, admissions personnel or caregivers. We may also take into consideration our past client’s experiences in the community.

Even though our services are paid by our providers in our network, we consider that we are your representative and advocate to act in your or your loved one’s best interest for a “matching” care option.

Advocate Senior Placement, LLC is not involved in the actual payment transaction between customers and providers and does not promote or recommend any ONE SPECIFIC particular provider, as we do our absolute best to recommend several care providers based solely on the information that you give us or we receive from your medical or non-medical care providers with your permission.

However, consequently, Advocate Senior Placement, LLC cannot guarantee that a transaction will occur or if it does occur that it will satisfy the needs of either user or provider. We will however, do everything in our power to assist in any para-professional mediation between you and the provider. Meaning, we will assist in making a proper forum where you, the provider and we can meet and discuss any dissatisfaction that you may have with the provider.

All fees associated with the Service are paid by our providers.

The Site may also provide content relating to medical and healthcare products and services but does not provide medical advice.

2. USE OF SERVICE

You are responsible for maintaining the accuracy and sufficiency of information you supply to the Site and agree to provide and maintain true, complete and correct information on the Site.

If you choose to be a client or customer of the Service, you authorize Advocate Senior Placement, LLC to provide the information that you submit in a request for information to a limited amount of providers for the purpose of matching your request with the services of providers. Such authorization shall continue in effect until Advocate Senior Placement, LLC receives written or verbal direction from you to cease providing such information to providers, at that time we will discontinue representing you to communities and the communities and will forgo any payment due to us at that time. We believe that you have a choice to which placement or referral company that you feel comfortable with and chose to represent you.

The following restrictions apply to your use of the Service:

(a) Your use of the Service is subject to all applicable laws and regulations and must be consistent with the security and reliability of the Service and the World Wide Web.
(b) You are solely responsible for the content of your transmissions and the services you request through the Service.
(c) You acknowledge and agree to all of the then-current terms of our privacy policy as set forth on the Site and as updated from time to time by Advocate Senior Placement, LLC in its sole discretion.
(d) You can terminate services with Advocate Senior Placement at any time in writing by sending an email to sthompsonrn@advocateseniorplacement.com or verbally by contacting your Senior Care Advisor directly. Advocate Senior Placement will immediately cease and desist the use of any client information at that time. We will discontinue any further contact with you.
(e) We reserve the right to decline to personally show you to a facility to which you were previously referred by another community referral service or website, or to a facility that we feel cannot adequately care for your loved one.

3. THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Advocate Senior Placement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

4. REFUSAL OF SERVICES

We may reject any request for information for any reason or no reason, including, without limitation, if a request:

does not appear legitimate,
is not filled out in its entirety, or
is determined by Advocate Senior Placement, LLC to violate any of these Terms of Use.

Your contact information will be retained by Advocate Senior Placement, LLC, however, except as set forth herein and in our privacy policy, we will not sell your information to any third parties. Advocate Senior Placement, LLC is not a covered entity under the Health Insurance Portability and Accountability Act, often referred to as HIPAA. You may receive communications by email to confirm your request and to later provide us with feedback. You may also receive newsletters and special promotions from Advocate Senior Placement, LLC, but you may opt to be removed from these distributions at anytime as set forth in our privacy policy.

5. DURATION OF AGREEMENT

Once confirmed, we will provide you access to our Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service. You agree and understand that no breach of contract action may be initiated against Advocate Senior Placement when there are reasonable delays in the access of the Service.

Advocate Senior Placement reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

6. SERVICE DESCRIPTION

We attempt to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in descriptions.

7. OUR INTELLECTUAL PROPERTY

All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and herein-before the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

8. INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

9. DISCLAIMER OF CERTAIN LIABILITIES

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchant-ability, and fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

10. MEDICAL DISCLAIMER

This web site is not designed to, and does not, provide medical advice. All content (“content”), including text, graphics, images and information available on or through this web site are for general informational purposes only.

The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this web site. Never rely on information on this web site in place of seeking professional medical advice.

The owner of this website is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to confer with your doctor with regard to information contained on or through this web site. After reading articles or other content from this web site, you are encouraged to review the information carefully with your professional healthcare provider.

11. DISCLAIMER OF WARRANTIES

You expressly agree that all content and services provided on or through this site are provided “as is” and “as available” for your use. Advocate Senior Placement, LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchant-ability, fitness for a particular purpose, title, and non-infringement. You acknowledge that the views and opinions expressed on any forum, chat room, message board or blog on the site do not reflect the views and opinions of Advocate Senior Placement, LLC. Neither Advocate Senior Placement, LLC, its affiliates and related entities, nor any of their respective employees, agents, third party content providers warrant that the content of the site and the service are accurate, reliable or correct; that this site or the service will be uninterrupted, timely, secure or error free; that any defects or errors will be corrected; that the content of the site or the service is free of viruses or other harmful components; or that your information will be kept private and confidential (except as set forth in Advocate Senior Placement, LLC privacy policy). Your use of this site and the service is solely at your own risk.

For the avoidance of doubt, Advocate Senior Placement, LLC will bear no liability for any products, services, information or other materials displayed, purchased, obtained or sold by you in connection with the service or the site. Furthermore, Advocate Senior Placement, LLC does not endorse, warrant or guarantee the products or services of any of its partners.

12. LIMITATION OF LIABILITY

Advocate Senior Placement, LLC and its directors, officers, partners, employees, representatives, contractors, affiliates, successors and assigns (the “Advocate Senior Placement, LLC parties”) shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or the site or for cost of procurement of substitute goods and services or resulting from any goods or services purchased, obtained or sold or messages received or transactions entered into through the service or the site or resulting from unauthorized access to or alteration of your transmissions or information, including but not limited to, damages for loss of profits, use, data, identity theft, or other intangible, even if the Advocate Senior Placement, LLC parties have been advised of the possibility of such damages. The Advocate Senior Placement, LLC parties’ collective maximum liability to you under or related to these terms of use shall in no event exceed the amount paid by you for use of the services, if any. The limitations of liability and disclaimers in this agreement shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence or other tort.

You agree to indemnify Advocate Senior Placement, LLC, its affiliates, officers, directors, employees, partners, representatives, contractors, successors and assigns harmless from any claim or demand, including attorneys’ fees, arising out of your use of the Site or the Service or your violation of our Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.

If you breach any provision of the Terms of Use, you may no longer use the Service or the Site. You may cease using the Service or the Site at any time.