This notice applies to all users of the SNAPforSeniors “Senior Housing Locator”
or other similarly named service (“SNAP-Service”) through snapforseniors.com or
any other affiliated or partner website in the SNAPforSeniors Distribution Network
(“SNAP-Network”). The various websites that are part of the SNAP-Network are identified
by the “powered by SNAPforSeniors” logo.
Please read this carefully. This Agreement (the “Agreement”) governs your (herein
"you" and "your") use of the SNAP-Service and the relationship between you and SNAPforSeniors,
Inc. and its employees, officers, directors, contractors and shareholders (“SNAPforSeniors”)
regardless of the which website in the SNAP-Network you are using.
To use the SNAP-Service to locate a Senior Housing Provider (“SHP”) for yourself
or a third party (the “Principal”) as their agent or Advocate (the “Agent”), you
promise that you are duly authorized to use the SNAP-Service for yourself or the
Principal, and you promise that you are duly authorized to release your, or the
Principal’s name, personal health information and contact information.
While SNAPforSeniors attempts to make sure all information on the SNAP-Service has
been secured from reliable sources, SNAPforSeniors makes no representations or warranties,
expressed or implied, as to the accuracy of the information. You understand and
agree that SNAPforSeniors is not engaged in rendering medical, healthcare, or professional
services and is not making any referrals, recommendations or endorsements of the
SHP that are listed on the SNAP-Service. Content found through this service is for
information and convenience to the public, and does not constitute endorsement or
recommendation by SNAPforSeniors or the SNAP-Network.
You also understand that the information presented in the SNAP-Service is not a
diagnosis, treatment plan, or recommendation for a particular course of action regarding
diseases, appropriate senior housing, and is not intended to provide medical or
healthcare advice. You also understand that the information you will receive on
the SNAP-Service is not intended to be and should not be viewed as a substitute
for consultation with a doctor or other healthcare provider. All medical information
should be reviewed by your healthcare provider before making any decision or taking
any action. It remains your sole responsibility to evaluate the accuracy, completeness,
and usefulness of all information you provide, for yourself or your Principal, in
SNAPforSeniors grants you a limited, non-exclusive, royalty-free license to use
the SNAP-Service to help you learn more about the SHP that are displayed in the
SNAP-Service. You are not granted any right to use any photographs/images, audio/video
content, trademarks, services marks, logos or the trade dress of SNAPforSeniors
(“SNAPforSeniors Property”) for any purpose whatsoever except as authorized in writing
by SNAPforSeniors. All other rights are reserved. You understand and agree that
it would be a willful and intentional infringement of intellectual property rights
to use the SNAPforSeniors Property in any manner not expressly authorized in advance
and in writing by SNAPforSeniors.
The SNAP-Service may contain links to other Websites which are not under the control
of the SNAP-Network and the SNAP-Network is not responsible for the contents of
any linked site or any link contained in a linked site, or any changes or updates
to such sites. The inclusion of any link does not imply endorsement or recommendation
by the SNAP-Network. It is up to you to take precautions to ensure that whatever
you select for your use is free of viruses, worms, Trojan horses, and other items
of a destructive nature.
The SNAP-Network and any referring agencies or companies are not responsible in
any way for the performance of the SNAP-Service, including but not limited to any
failure of the SNAP-Service to perform correctly. You understand and agree that
SNAPforSeniors makes no representations or warranties that the performance of the
SNAP-Service will be error free or as to the results to be obtained from the use
of the SNAP-Service.
You agree, at your expense, to indemnify, defend and hold SNAPforSeniors harmless
from any and all losses, liabilities, or damages (including attorneys' fees and
costs) resulting from any and all claims, causes of action, suits, proceedings,
or demands arising from your use of the SNAP-Service or from or related to decisions
or recommendations you make using the information available on the SNAP-Service.
YOU ACKNOWLEDGE, FOR YOURSELF AND YOUR PRINCIPAL (IF APPLICABLE) AND AGREE THAT
SNAPFORSENIORS IS NOT RESPONSIBLE IN ANY WAY FOR THE PERFORMANCE OF the SNAP-SERVICE,
INCLUDING THE ABILITY OF THE SNAP-SERVICE TO LOCATE AN APPROPRIATE SHP OR PERFORM
IN ACCORDANCE THE SPECIFICATIONS. THE SNAP-SERVICE IS PROVIDED "AS IS", WITH ALL
FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND SNAPFORSENIORS EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY AND QUIET ENJOYMENT. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer may not apply
YOU AGREE THAT SNAPFORSENIORS WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA,
INTERRUPTION OF BUSINESS, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, ARISING
IN ANY WAY FROM YOUR USE OF THE SNAP-SERVICE, EVEN IF SNAPFORSENIORS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
This Agreement and the relationship between you and SNAPforSeniors shall be governed
by the laws of the State of Washington without regard for its conflict of law principles.
Any controversy or claim between you and SNAPforSeniors shall be resolved only by
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be held and conducted in
Seattle, Washington, and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Notwithstanding the foregoing, either you or
SNAPforSeniors may seek interim or preliminary relief, but only in the state or
federal courts sitting in Seattle, Washington, necessary to protect the rights or
property of you or SNAPforSeniors pending the completion of arbitration. You agree
to exclusive venue and jurisdiction in the state of federal courts of Seattle, Washington
and you waive all defenses related to the appointment and selection of such courts
by using the SNAP-Service.
The SNAP-Service is a "commercial item" as that term is defined at 48 C.F.R. 2.101.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all
U.S. Government end users may use the SNAP-Service with only those rights set forth
in this Agreement.
By using the SNAP-Service, you agree that this Agreement may be amended or modified
from time to time without notice and, by continuing to use the SNAP-Service after
the date this Agreement has been amended or modified and posted on the Internet,
you agree that you are bound by the then existing Agreement.
If any provision of this Agreement is to be unenforceable for any reason, the remaining
provisions hereof will be unaffected and remain in full force and effect and the
court or arbitrator shall enforce such provision to the maximum extent allowed by
law. This Agreement constitutes the entire agreement, and replace and supersedes
all prior agreements and discussion between you and SNAPforSeniors concerning the
subject matter discussed in this Agreement.
SNAPforSeniors, which owns and operates the SNAP-Service, respects your privacy.
We are committed to maintaining the privacy of personal information that you provide
to us when you are using the SNAP-Service. To this end, use of the SNAP-Service
is dependent upon acceptance of our Privacy