Please read the following Terms of Use (“Terms”) carefully. These Terms are a legal agreement between you and Experience Senior Living LLC (“Experience Senior Living“, “we”, “our” or “us”) governing your access to and use of www.experiencesrliving.com (the “Website”).
By accessing or using the Website, you agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, do not access or use the Website.
1. Website Use. Subject to these Terms, Experience Senior Living grants you a non-transferable, non-exclusive, revocable, personal, and limited license to use and access the Website. The rights granted to you in these Terms are subject to the restrictions in these Terms. Experience Senior Living reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Experience Senior Living will not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Website or any part thereof.
2. Use Restrictions. You are prohibited from using the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law; and (xii) to encourage or assist a third-party to do any of the foregoing.
3. Website Content. The Website is provided to you as a convenience and for your information only. Your use of the Website is at your own risk. Experience Senior Living does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, shareable links, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) Experience Senior Living has any obligation to update the Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Website is accurate or complete.
4. User Feedback. The Website may now or in the future permit you to upload or post to the Website or otherwise submit to us various forms of content, such as reviews, ratings, feedback, questions, comments, and suggestions (collectively, “User Feedback”). We do not claim ownership in your User Feedback. However, by submitting any User Feedback, you hereby grant (and you represent and warrant that you have the right to grant) to Experience Senior Living an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Feedback in any manner Experience Senior Living deems appropriate. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Feedback. You agree that you will not submit to Experience Senior Living any information or ideas that you consider to be confidential or proprietary. You further acknowledge that Experience Senior Living will be entitled to unrestricted use of your User Feedback for any purpose whatsoever, commercial or otherwise. You are solely responsible for your User Feedback and assume all risks associated with your User Feedback, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of User Feedback that personally identifies you or a third-party. Experience Senior Living cannot guarantee any confidentiality with respect to any User Feedback. We reserve the right (but have no obligation) to review any User Feedback, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person.
5. Intellectual Property. Excluding any User Feedback that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Website and Website Content are owned by Experience Senior Living. Neither these Terms, nor your access to or use of the Website, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights. Experience Senior Living reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.
6. NO WARRANTIES. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND EXPERIENCE SENIOR LIVING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR WEBSITE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Indemnification. You agree to indemnify and hold harmless Experience Senior Living (and its employees, service providers, affiliates, subsidiaries, parents, and agents) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your violation of these Terms; (ii) your use of the Website or Website Content; (iii) your violation of applicable laws, regulations, or third-party rights; (iv) your User Feedback; and (v) your willful misconduct, fraud, or negligence. Experience Senior Living reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Experience Senior Living. Experience Senior Living will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXPERIENCE SENIOR LIVING BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR WEBSITE CONTENT, EVEN IF EXPERIENCE SENIOR LIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPERIENCE SENIOR LIVING’S ENTIRE AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE WEBSITE CONTENT WILL BE THE TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE WEBSITE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Termination. The Terms will remain in full force and effect while you access and use the Website. We may suspend or terminate your right to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Website will terminate immediately. Experience Senior Living will not have any liability whatsoever to you for any termination of your rights under these Terms.
10. Governing Law. All matters arising out of or relating to these Terms, the Website, or Website Content will be governed and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado with respect to any action arising in connection with these Terms, the Website, or Website Content.
11. Age Restriction. You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms and abide by and comply with these Terms.
12. Privacy. Experience Senior Living collects, uses, and shares personal information collected through the Website in accordance with its Privacy Policy.
13. Electronic Communications. By using the Website, you consent to receive electronic communications from Experience Senior Living unless you follow applicable opt-out procedures. Experience Senior Living will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
14. Third-Party Links. The Website may include links content provided by third-parties (“Third-Party Content”). Third-Party Content is provided for your convenience and information only. Third-Party Content is not under the control of Experience Senior Living and Experience Senior Living is not responsible for any Third-Party Content. The inclusion of Third-Party Content does not imply endorsement, affiliation, partnership, or sponsorship by Experience Senior Living. Use of any Third-Party Content is at your own risk.
15. Local Laws. Experience Senior Living makes no representation that the Website or Website Content is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with applicable local laws. The Website may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website, or any products utilizing such data, in violation of the United States export laws or regulations.
16. Miscellaneous. These Terms constitute the entire agreement between you and Experience Senior Living regarding the Website and Website Content. Our failure to exercise or enforce any right or provision of these Terns shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
17. Changes. Experience Senior Living may revise these Terms or the Website, or stop providing the Website, at any time and without notice to you. Experience Senior Living encourages you to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access to or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
18. Contact. For questions on these Terms, please contact Experience Senior Living at 970-441-8100.
