Premium Membership | Terms of Service
Effective Date: September 1, 2024
Senior Care Finder Premium Membership ("Premium Membership") is a service provided by Senior Care Finder ("Senior Care Finder," "we," "our," or "us"). By purchasing or using Premium Membership (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you may not purchase or use the Service.
1. Acceptance of Terms
By enrolling in Premium Membership, you acknowledge that you have read, understood, and agree to these Terms. We may modify or update these Terms at any time, and your continued use of the Service following any changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
2. Description of Service
Premium Membership provides enhanced visibility and marketing opportunities on the Senior Care Finder platform, including premium placement in search results, enhanced listing features, consumer lead opportunities, performance analytics, marketing opportunities, CRM integrations (where available), and other membership benefits. We may modify, suspend, or discontinue any features or benefits of the Service at any time without prior notice. Senior Care Finder is not liable for any modification, suspension, or discontinuation of the Service.
3. Membership Accounts
To access certain Premium Membership features, you may be required to maintain an account with Senior Care Finder. You agree to provide accurate, current, and complete information and to keep such information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.
4. Partner Responsibilities
You agree to use Premium Membership only for lawful business purposes. You are responsible for maintaining accurate company and community information and complying with all applicable laws. You may not submit false, misleading, unlawful, or otherwise objectionable content or use the Service in any manner that interferes with the operation of the Senior Care Finder platform.
5. Membership Agreement
This Agreement is entered into between Senior Care Finder and the Partner organization, not the individual who signs this Agreement. The individual executing this Agreement represents and warrants that they have the authority to bind the Partner organization. Changes in employment, personnel, or authorized representatives shall not terminate or otherwise affect the validity or enforceability of this Agreement. The Partner organization remains responsible for all obligations under this Agreement until it expires or is terminated in accordance with its terms.
6. Committed Capacity
This Agreement is a commitment to the Number of Communities identified in the applicable Membership Agreement (the "Committed Capacity"). This Agreement is entered into by the Partner on behalf of itself, its parent company, affiliated entities, associated management companies, and their respective communities. If a community is sold, divested, or is no longer managed, Partner remains responsible for the Monthly Total. Partner shall provide thirty (30) days' written notice of any such change and shall have thirty (30) days to substitute another eligible community. If all remaining communities are already enrolled, Senior Care Finder reserves the right to reduce the Committed Capacity accordingly and adjust the Monthly Total.
7. Content License Clause
a. Grant of License. Partner grants Senior Care Finder a non-exclusive, royalty-free license to use, reproduce, edit, and create derivative works from photographs, video, and other media submitted by Partner ("Partner Content") for the purpose of promoting Partner's communities.
b. Scope of Use. This license includes use on Senior Care Finder's website, Senior Care Finder-owned social media and video platforms (including but not limited to Facebook, Instagram, LinkedIn, and YouTube), and other Senior Care Finder marketing channels, whether existing now or later developed.
c. Duration. This license remains in effect for the term of the partnership agreement and for five (5) years after termination, solely for content already published prior to termination. Upon request, Senior Care Finder will remove or cease using Partner Content, except for as the agreement term and tail period allows.
d. Partner Warranty. Partner represents that it owns or has the right to license all Partner Content provided to Senior Care Finder, and that such content does not infringe any third party's rights.
e. No Trademark License. This clause does not grant Senior Care Finder rights to Partner's trademarks, logos, or brand names beyond nominative use to identify Partner's communities.
f. Attribution. Senior Care Finder will identify Partner Content as depicting Partner's community(ies) and will maintain Senior Care Finder's existing paid-partner disclosure on all content.
8. Intellectual Property
All content, software, branding, graphics, reports, and other materials provided through Premium Membership are owned by Senior Care Finder or its licensors and are protected by applicable intellectual property laws. Any feedback or suggestions submitted by you may be used by Senior Care Finder without restriction.
9. Privacy
The collection, use, and disclosure of your information is governed by our Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall govern with respect to privacy matters.
10. Fees and Payment
You agree to pay all fees associated with Premium Membership as outlined in your Membership Agreement or Order Form. Payments are due as specified. Senior Care Finder reserves the right to modify its fees or billing practices upon renewal with notice. You are responsible for all applicable taxes and charges related to your membership.
11. Disclaimer of Warranties
Premium Membership is provided on an "as-is" and "as-available" basis. Senior Care Finder makes no warranties regarding search rankings, lead volume, consumer inquiries, occupancy, business growth, or any other business results resulting from your participation in the Service.
12. Limitation of Liability
To the fullest extent permitted by law, Senior Care Finder, its affiliates, officers, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your participation in Premium Membership. In no event shall Senior Care Finder's total liability exceed the fees paid by you during the twelve (12) months preceding the claim.
13. Indemnification
Senior Care Finder reserves the right to suspend or terminate Premium Membership for violation of these Terms or the applicable Membership Agreement. Upon termination, any unpaid fees remain due and payable. Fees previously paid are non-refundable except as required by law or otherwise specified in writing.
14. Termination
Senior Care Finder reserves the right to suspend or terminate Premium Membership for violation of these Terms or the applicable Membership Agreement. Upon termination, any unpaid fees remain due and payable. Fees previously paid are non-refundable except as required by law or otherwise specified in writing.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Nebraska for the resolution of any disputes arising out of or relating to these Terms or your use of the Service.
16. Miscellaneous
These Terms, together with the applicable Membership Agreement and our Privacy Policy, constitute the entire agreement between you and Senior Care Finder regarding Premium Membership and supersede any prior agreements. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Senior Care Finder may assign or transfer its rights and obligations under these Terms at any time without notice. You may not assign these Terms without our prior written consent.
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