Terms and Conditions

north-star

TERMS OF USE

EFFECTIVE MAY 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY. YOUR USE OF THIS WEB SITE AS WELL AS ALL OTHER WEB SITES OWNED AND/OR OPERATED BY NORTH STAR SENIOR ADVISORS (INDIVIDUALLY AND COLLECTIVELY, “SITE” OR “SITES”)) AND/OR THE SERVICES PROVIDED BY NORTH STAR SENIOR ADVISORS THROUGH OR IN CONNECTION WITH THE SITES (INCLUDING SENIOR HOUSING AND CARE MARKETING AND INFORMATION SERVICES (“SERVICES”)) IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE SITES AND/OR THE SERVICES.

The Sites and the Services are provided by iQ Consulting Group, LLC DBA North Star Senior Advisors. The Terms of Use apply to your access to, and use of, the Sites and/or the Services, so please read them carefully.

We reserve the right to change or modify any of the Terms of Use, the Sites, and/or the Services at any time. If we decide to change our Terms of Use, we will post a new version on the Sites and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, regardless of whether we provide you with any specific notice of such changes or modifications. To the extent that notice is required under any applicable law or otherwise, you waive the right to such notice, provided that this sentence will not apply to you if you are a Washington State resident or to the extent you are seeking Services in Washington State. Your use of the Sites and/or the Services following the posting of changes or modifications to the Terms of Use will constitute your acceptance of the revised Terms of Use. Therefore, you should review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites and/or Services. If you do not agree to the amended terms, you must immediately stop using the Sites and/or Services.

The Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with North Star Senior Advisors for services, products or otherwise. Your access to, and use of, the Sites may also be subject to any legal notices or additional terms and conditions applicable to the Sites and/or Services, in addition to these Terms of Use, (“Additional Terms”). Where Additional Terms apply to the Services, the Additional Terms will be accessible for you to read through your use of the Services and/or provided separately. These Terms of Use, together with the Additional Terms, form a legally binding agreement between you and North Star Senior Advisors in relation to your use of the Sites and/or Services. It is important that you take the time to read them carefully. If there is any contradiction between what the Additional Terms say and what these Terms of Use say with respect to the Services, then the Additional Terms shall take precedence in relation to that Service.

To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.

OUR SERVICES

North Star Senior Advisors is a senior housing and care marketing and information service that provides resources and personalized assistance in finding senior housing and care. We help families find options based on a loved one’s stated needs and preferences and empower them to make informed decisions. This may include independent living, home care, residential care homes, assisted living, specialized memory care and skilled nursing. Based on the family’s stated needs and preferences, we provide the family with information about  contracted communities (“Participating Communities”) and we may disclose the family’s information to those Participating Communities. Families can review detailed information about local  Participating Communities, and get personalized, knowledgeable assistance by telephone, email, and in person from a Senior Living Advisor. The service is offered at no charge to families as the Participating Communities pay a fee to North Star Senior Advisors.

PARTICIPATING SENIOR HOUSING AND/OR CARE COMMUNITIES

The Participating Communities are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all residents, including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its residents. Each Participating Community is responsible for the conditions at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a community.

Each Participating Community is responsible for the content of the information posted on its page or on the Sites. The information does not represent our views or any individual associated with us, and we do not control this content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Participating Community on the Sites, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for the Participating Community on the Sites. By using the Sites and/or Services, you assume all associated risks.

NO ENDORSEMENT; NO AFFILIATION; NOT A BROKER

The selection of the community is your decision and you release North Star Senior Advisors from all liability based on your selection. We provide options and information of facilities based on information provided by you to North Star Senior Advisors and do not (1) place the consumer in any Participating Community, (2) participate in the consumer’s and Participating Community’s decision regarding final selection or admittance. (3) Further, it is the responsibility solely of the Participating Community and the potential resident, and/or the potential resident’s family and care provider(s) and/or other involved parties acting on the potential resident’s behalf to determine if any person is an appropriate admission to the Participating Community. North Star Senior Advisors does not broker, sell or lease space directly and is not a party to any transaction between the provider and the family.

NO PROFESSIONAL ADVICE

All information, materials, content and/or advice on the Sites or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. North Star Senior Advisors expressly disclaims, and you expressly release North Star Senior Advisors from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Sites and/or Services. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice.

PRIVACY AND CONSENT TO COMMUNICATIONS

Your privacy is important to us. By filling out any forms on the Sites or providing information to us, you expressly consent to being contacted by us and/or the Participating Communities, whether by phone, mobile phone, email, mail or otherwise. If you are a customer, you authorize us to provide the information that you provided us and related information we may receive from third parties to Participating Communities for the purpose of providing Services. Such authorization shall continue in effect until you have withdrawn your consent by requesting that we no longer provide you Services.

USE OF SITES; LIMITED LICENSE

You are granted a limited, non-sublicensable license to access and use the Sites and all content, data, information and materials included in the Sites (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in the Terms of Use. You will not use the Sites or any of the Site Materials other than for their intended purpose or in any way that is unlawful or harms North Star Senior Advisors. Any use of the Sites or the Site Materials other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, will automatically and immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by North Star Senior Advisors at any time.

NO UNAUTHORIZED ACCESS OF AND/OR USE OF THE SITES AND/OR SERVICES

The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites and/or Services, and you agree not to do any of the following:

  • Using the Sites for commercial purposes.
  • Conducting or promoting any illegal activities while using the Sites or Services.
  • Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Sites, North Star Senior Advisors’s computer and/or data.
  • Interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites, or disobeying any requirements, procedures, policies or regulations of networks connected to the Sites.
  • Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service any of the Sites content.
  • Engaging in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Sites or use web “bots” or similar data gathering or extraction methods for such purposes.
  • Attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites;
  • Attempting to gain access to secured portions of the Sites.
  • Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for North Star Senior Advisor’s to protect its computer.            Using the Sites and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).
  • Using the Sites and/or Services to stalk, harass or harm another individual.
  • Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; or
  • Uploading, distributing or printing anything that may be harmful to minors.
  • Mirroring or framing the Sites, placing pop-up windows over its pages, or otherwise affecting the display of its pages.
  • Engaging in any other action in any way that is unlawful or harms North Star Senior Advisors.

INTELLECTUAL PROPERTY OWNERSHIP

All trademarks, service marks, and trade names are proprietary to North Star Senior Advisor and our licensors. All rights, title, and interests in and to the Sites, including content, materials, trademarks and other intellectual property contained in the Sites, vest solely in North Star Senior Advisors and its licensors. The North Star Senior Advisor name, and any North Star Senior Advisor products and services, slogans or logos referenced herein on the Sites are either trademarks or registered trademarks of North Star Senior Advisor in the United States and/or other countries. The names of actual third party companies and products mentioned in the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

HYPERLINKS TO EXTERNAL WEB SITES

The Sites may provide links to external Web sites (“External Web Sites”). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, North Star Senior Advisors is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites (including Participating Communities). We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of External Web Sites.

When you leave the Site, you should be aware that our Terms of Use and our Privacy Policy do not apply to your use of External Web Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Web Sites to which you navigate from the Site. Your use of and dealings with the owners or operators of these External Web Sites are at your own risk, and you agree not to make any claim against North Star Senior Advisors arising out of your use of these External Web Sites.

THIRD PARTY PRODUCTS AND SERVICES

We may run advertisements and promotions from third parties (including Participating Communities) on the Sites or may otherwise provide information about or links or referrals to third-party (including Participating Communities) products or services on the Sites (“Third Party Products and Services”).

We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.

Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.

You should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Sites.

PUBLIC AREAS AND SUBMISSIONS

If you use a “Public Area”, such as Blogs, Forum, message board, or other community areas that allows user posts, additional terms and conditions apply to you.

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding North Star Senior Advisors, the Sites, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral submissions to North Star Senior Advisors, or postings on the Sites (“Submissions”), are non-confidential. We are entitled to the unrestricted use, dissemination, distribution, display, reproduction, sublicense, post, and/or publication of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and we will own the exclusive rights, including all intellectual property rights, to the Submissions.

If you are an author of a Submission, you warrant that you will not post any materials that would (a) 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 any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.

Additional terms and conditions may apply to you in your use of the “Public Area”, Blog, Forum, message board, or other community area.

DISCLAIMER

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE NORTH STAR SENIOR ADVISOR WEBSITE AND THE CONTENTS, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE NORTH STAR SENIOR ADVISOR WEBSITE OR THE CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE NORTH STAR SENIOR ADVISOR’S WEBSITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE NORTH STAR SENIOR ADVISOR’S WEBSITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY.

Goods or services neither manufactured nor rendered by North Star Senior Advisors are the sole responsibility of the provider of those services. We disclaim all warranties and responsibility for those goods and services. North Star Senior Advisors website may contain links to websites controlled by parties other than North Star Senior Advisors. Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. We make no representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against North Star Senior Advisors with respect to such site and third-party content.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NORTH STAR SENIOR ADVISORS OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE NORTH STAR SENIOR ADVISORS WEBSITE, THE CONTENTS, ANY LINKED SITE, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NORTH STAR SENIOR ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

INDEMNIFICATION

You agree to indemnify and hold North Star Senior Advisors and the Associated Parties harmless from any claim or demand, including attorneys’ fees, arising out of your use of the Sites and/or the Services 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.

TERMINATION

We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.

CHANGES TO THE SITES AND/OR SERVICES

We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, your access to and use of) at any time without notice.

CHOICE OF LAW AND FORUM

These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating in any way to these Terms of Use, the North Star Senior Advisors website and Contents, or your use thereof shall be filed only in the state or federal courts located in Orange county in the State of Florida. You also agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. This Agreement shall be interpreted according to its express terms, with no presumptions against the drafting party.

WAIVER OF RIGHT TO JURY TRIAL

YOU HEREBY KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND IRREVOCABLY WAIVE YOUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR IN ANY MANNER RELATING TO THE TERMS OF USE AND/OR NORTH STAR SENIOR ADVISOR’S PERFORMANCE OR FAILURE TO PERFORM HEREUNDER. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims arising under federal law or any states’ laws and that arise from or relate in any way to the subject matter of the Terms of Use and/or our performance, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class. You expressly acknowledge that this provision is an essential aspect of the bargain embodied by the Terms of Use.

GENERAL TERMS

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in effect. You may not assign the Terms of Use, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Terms of Use constitute the entire agreement between you and North Star Senior Advisors with respect to the Sites.

The parties have required that the Terms of Use and all documents relating thereto be drawn up in English.