Terms of Use
The following Terms of Use ("Agreement") set forth the terms and
conditions that apply to your use of the Web site located at
www.goldenliving.com (the
"Web Site").
1. ACCEPTANCE OF TERMS
Use of the Web Site is subject to this Agreement, as well as to
the Web Site Privacy policy linked to the Web Site. BY USING THE
WEB SITE, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT
AND THE WEB SITE PRIVACY POLICY AS IF YOU HAD SIGNED THEM. IF YOU
DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND THE WEB SITE PRIVACY
POLICY, YOU MUST DISCONTINUE YOUR USE OF THE WEB SITE.
2. PERMISSION TO USE THE WEB SITE
The owner of the Web Site (the "Owner") grants you the right to
view and use the Web Site subject to the terms and conditions of
this Agreement. Specifically, you may do the following: (a) access
and use those portions of the Web Site to which the Owner has
granted you access solely for your personal, noncommercial
purposes, and (b) download and/or print a copy of the information
contained on the Web Site for your personal, noncommercial use
only. You are prohibited from reprinting, electronically
reproducing, duplicating or using any information, including any
intellectual property, contained on the Web Site in whole or in
part for any other purpose. You are prohibited from deleting or
altering any trademark, service mark or copyright notice when
downloading any text, information or other content from any part of
the Web Site.
The Owner may, at any time in its sole discretion and without prior
notice and liability, discontinue or alter any aspect of the Web
Site, including, but not limited to, restricting its availability
or the manner and amount of use permitted, and restricting or
terminating any user's right to use all or a part of the Web
Site.
3. INFORMATION ON THE WEB SITE
Any health, medical or drug information on the Web Site is
for informational purposes only. This information is not intended
to be used, and you should not use it, as a substitute for
obtaining professional healthcare advice, diagnosis or treatment.
You should always seek the advice of your doctor, a pharmacist or
other qualified healthcare provider for professional healthcare
advice, diagnosis or treatment for any medical condition.
4. USER NAME AND PASSWORD
You are responsible for the confidentiality and use of your user
name and sign-on password, if required, and any other access number
or additional passwords required to use the Web Site. You will be
solely responsible for all postings, transmissions and other
communications made through the Web Site using your user name and
sign-on password. As a condition of using the Web Site, you agree
to immediately notify the Owner if you become aware of
any theft of your user name or sign-on password, or any
unauthorized use of your user name, sign-on password or the Web
Site.
5. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY OF
THE OWNER
a. The Web Site contains or will contain text, graphics,
photographs, videos, information and other content that is (a) the
property of the Owner or its licensors, who reserve all of their
respective rights, and (b) protected by state, national and
international laws pertaining to copyrights, trademarks, trade
secrets and other proprietary rights. You agree not to copy,
modify, adapt, reproduce, translate, distribute, transmit,
reverse-engineer, de-compile or disassemble any aspect of the Web
Site except as expressly authorized by the Owner.
b. All company names, product and
service names, and logos appearing on the Web Site are the property
of their respective owners. You must obtain permission from those
owners before copying or using their company names, product or
service names, or logos.
6. RULES GOVERNING USE OF THE WEB SITE
As a condition of your use of the Web Site, you agree not
to:
a. restrict or inhibit any other
user from using the Web Site;
b. resell, redistribute, broadcast
or transfer the information or other content or use any information
derived from the Web Site in a searchable, machine-readable
database;
c. copy or otherwise duplicate all
or part of the Web Site or any databases related thereto without
the Owner's prior written permission;
d. "mirror" on any server any
information or material related to the Web Site except as
authorized by the Owner;
e. attempt to gain unauthorized
access to other files, computer systems or networks, including the
Owner's, its users' and third parties', connected to or associated
with the Web Site;
f. post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene or profane
information or other content of any kind;
g. post or transmit text,
information or other content containing harassing or offensive
language, swearing, rude or deliberately offensive comments, or
engage in disruptive activities online;
h. post or transmit any text,
information or other content that is fraudulent or violates or
infringes the rights of others, including content that violates
privacy or publicity rights, or infringes copyright, trademark or
other proprietary rights;
i. post or transmit any text,
graphics, photographs, software, music, sounds, videos, information
or other content that contains a virus, bot, worm, trojan horse or
other harmful component;
j. use the Web Site, including the
information and other content provided thereon, for any unlawful
purpose;
k. misrepresent your identity or
provide incorrect identifying information, impersonate any person
or entity, or falsely state or otherwise misrepresent your
professional or other affiliation with any person or
entity;
l. post or transmit any
transmissions that constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law,
including laws governing copyrights, trademarks and other
proprietary rights; and
m. link to the Web Site from a web
site operated by a third party, without obtaining the Owner's prior
written consent.
The Owner, in its sole discretion, shall determine whether you have
violated this Agreement, including the foregoing rules governing
use of the Web Site, and reserves the right to take any and all
action, including termination of your access to the Web Site.
7. INFRINGEMENT POLICY AND NOTICES OF ALLEGED INFRINGEMENT
a. Infringement Policy. The Owner respects
copyright law and expects users of the Web Site to do the same.
Unauthorized copying, distribution, modification, public display,
public performance, uploading or downloading of copyrighted works
is an infringement of the rights of the respective copyright
holders. As a condition of your use of the Web Site, you agree not
to infringe the copyright, trademark or other intellectual property
rights of the Owner, its licensors or any other third party. If the
Owner determines in its sole discretion that you have used or may
use the Web Site to infringe the intellectual property rights of
others, the Owner reserves the right to (a) terminate your ability
to use the Web Site, (b) delete any file that you have posted or
transmitted using the Web Site, and (c) otherwise restrict or
prohibit your use of the Web Site.
b. Notices of Alleged
Infringement. Pursuant to 17 U.S.C. Section 512, the Owner has
implemented procedures for receiving written notification of
claimed infringements and for processing such claims. All claims of
infringement must be submitted to the Owner in a written complaint
that complies with the requirements below and is delivered to our
designated agent to receive notification of claimed
infringement:
By standard mail, fax or e-mail:
Law
Department
c/o
Golden Living
1000 Fianna
Way
Fort Smith,
Arkansas 72919
Fax: (479)
201-4801
E-mail:
[email protected]
Any written notice regarding any infringing or
otherwise injurious activity, whether infringement of a copyright,
trademark or other proprietary right, must include the following
information:
(i)
The name of and a physical or electronic signature of the owner of
an exclusive right that is allegedly infringed or person otherwise
injured, or a person authorized to act on behalf of the owner or
the person otherwise injured.
(ii)
Identification of the copyrighted work claimed to have been
infringed or, if multiple copyrighted works are covered by a single
notification, a representative list of such works. Similarly, for
material that infringes a trademark, or other proprietary rights,
or is otherwise injurious, notice must include the identifying
trademark or other rights. The identifying information shall
include the name of the work or other material, the nature of such
work or material, and the name and address of the owner thereof or
the injured party.
(iii)
Identification of the material that is claimed to be infringing, to
be the subject of infringing activity or to be otherwise injurious
and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the Owner to locate the
material.
(iv)
Information reasonably sufficient to permit the Owner to contact
the person named in subsection 7(b)(i) above, including the
person's address, telephone number, fax number and/or electronic
mail address.
(v) A
statement that the person named in subsection 7(b)(i) above has a
good-faith belief that use of the material in the manner complained
of is not authorized by the copyright or other proprietary-right
owner, its agent or the law.
(vi) A
statement that the information in the notification is accurate and,
under penalty of perjury, that the person named in subsection
7(b)(i) above is the owner of an exclusive right that is allegedly
infringed or the person otherwise injured, or is authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed or on behalf of the person otherwise injured.
8. MODIFICATIONS
The Owner reserves the right, in its sole discretion, to amend
this Agreement, and to modify, add or discontinue any aspect,
content or feature of the Web Site. Such amendments, modifications,
additions or deletions shall become effective once posted on the
Web Site. Continued use of the Web Site by you shall constitute
your binding acceptance of any such amendments, modifications,
additions or deletions.
9. DISCLAIMER OF WARRANTIES
THE WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THE OWNER AND ITS OFFICERS, EMPLOYEES, CONTROLLED
OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY
CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY,
"AFFILIATES") MAKE NO REPRESENTATIONS ABOUT ACCESS TO OR USE OF THE
WEB SITE OR ALL TEXT, INFORMATION AND OTHER CONTENT THEREON. THE
OWNER AND ITS AFFILIATES DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES REGARDING THE WEB SITE, INCLUDING, FOR EXAMPLE,
WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITE.
By way of example and not limitation, neither the Owner nor its
Affiliates warrant or represent that use of the Web Site will be
uninterrupted or error-free, nor do they make any representations
or warranties regarding (a) the accuracy, completeness, reliability
or currency of the text, information and other content on the Web
Site, (b) the results that may be obtained from use of the Web
Site, (c) the future availability of the Web Site or any
information related to the Web Site, or (d) the results that may be
obtained from use of any third-party web sites that link to the Web
Site or that the Web Site links to, or the information, content,
products or services available on those third-party web sites.
10. THIRD-PARTY CONTENT AND TRADEMARKS
Certain materials from third-party information providers,
including but not limited to text, information and other content
("Third-Party Content"), may be made available as part of the Web
Site. The Owner makes no warranties or representations with respect
to, nor does it guarantee or endorse, the accuracy, completeness,
timeliness, reliability or intellectual property rights in such
Third-Party Content. Likewise, the Owner does not endorse any
opinion or analysis expressed in any Third-Party Content. The Owner
expressly disclaims responsibility and liability for all
Third-Party Content.
11. INTERNET COMMUNICATIONS
While the Owner has endeavored to create a secure web site, the
Owner and its Affiliates are not responsible for the security of
information transmitted via the Web Site and the Internet. You must
make your own determination as to these matters. Material posted or
transmitted using the Web Site also may contain errors, technical
inaccuracies or typographical errors, and may be changed or updated
without notice. The Owner and its Affiliates will not be liable or
responsible for any such errors, inaccuracies, changes or updates.
The Owner and its Affiliates also will not be liable for any loss
resulting from a cause over which they do not have direct control,
including but not limited to failure of electronic or mechanical
equipment or communication lines; telephone or other interconnect
problems; computer viruses; unauthorized access; severe weather,
earthquakes or other natural disasters; strikes or other labor
problems; wars or governmental restrictions.
12. LIMITATION OF LIABILITY
NEITHER THE OWNER NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THE
WEB SITE OR ANY TEXT, INFORMATION, OTHER CONTENT, PRODUCTS OR
SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE WEB SITE. THIS
LIMITATION OF LIABILITY ALSO APPLIES TO ANY CLAIMS OR CONTROVERSIES
ARISING UNDER THE OWNER'S WEB SITE PRIVACY POLICY. THIS
LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES
UNDER WHICH RELIEF IS SOUGHT AND EVEN IF THE OWNER AND/OR ITS
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR
DAMAGES ALLEGEDLY SUFFERED. TO THE EXTENT THE FOREGOING LIMITATIONS
OF LIABILITY ARE HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN ANY
JURISDICTION, IN WHOLE OR IN PART, FOR ANY REASON, THE OWNER'S
AGGREGATE LIABILITY UPON ANY AND ALL CAUSES OF ACTION (INCLUDING
NEGLIGENCE) WILL BE LIMITED IN SUCH JURISDICTION(S) TO THE LOWER OF
DIRECT DAMAGES ACTUALLY INCURRED OR FIVE HUNDRED DOLLARS ($500).
ALL CLAIMS MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE THE
CLAIM FOR DAMAGES AROSE.
13. INDEMNITY
You agree to defend and indemnify the Owner, its Affiliates, and
all of their predecessors, successors and assigns, and hold them
harmless from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs and expenses (including
reasonable attorneys' fees and litigation expenses) relating to or
arising from your use of the Web Site and any breach by you of this
Agreement.
14. EXPORT CONTROL INFORMATION
The Web Site is controlled and operated by the Owner from its
offices within the state of Arkansas, United States of America. The
Owner makes no representation that materials on the Web Site are
appropriate or available for use outside the United States. Those
who choose to access the Web Site from outside the United States do
so on their own initiative and are responsible for compliance with
local laws, if and to the extent that local laws are
applicable.
15. NONDISCRIMINATION
The Owner provides equal employment opportunities and services
without regard to race, color, sex, religion, national origin, age,
sexual orientation, non-disqualifying disability, veteran status or
any other protected status.
16. ARBITRATION
The parties shall settle any controversy arising out of this
Agreement by arbitration in Fort Smith, Arkansas, in accordance
with the rules of the American Arbitration Association. A single
arbitrator shall be agreed upon by the parties, or if the parties
cannot agree upon an arbitrator within thirty (30) days, then the
parties agree that a single arbitrator shall be appointed by the
American Arbitration Association. The arbitrator may award
attorneys' fees and costs as part of the award. The award of the
arbitrator shall be binding and may be entered as a judgment in any
court of competent jurisdiction.
17. GOVERNING LAW
This Agreement has been made under and will be construed and
enforced in accordance with Arkansas law, without referring to its
choice of law rules.
18. OTHER PROVISIONS
Failure to insist on strict performance of any term of this
Agreement will not operate as a waiver of any subsequent default or
failure of performance. No waiver of any term of this Agreement
will be valid unless in writing and acknowledged in writing or
electronically by both parties. If any portion of this Agreement is
adjudged invalid or unenforceable by an arbitrator or court of
competent jurisdiction, the remaining portions will remain valid
and enforceable.
This Agreement constitutes the entire agreement between you and the
Owner with respect to the Web Site, provided, however, that you
will also be subject to any additional terms and conditions posted
on the Web Site and to which you manifest your consent by continued
use of the Web Site.
A printed version of this Agreement and of any notice given in
electronic form will be admissible in arbitration, judicial and
administrative proceedings based on or relating to this Agreement
to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form. You represent that you have read this Agreement,
understand its terms, and agree and intend to be legally bound by
it.
19. HOW TO CONTACT US
You may contact us by U.S. mail or overnight courier
at:
Director of e-Business
c/o Golden Living
1000 Fianna Way
Fort Smith, Arkansas 72919