Introduction and Acceptance of Terms
As used in this Agreement, “you” or “user” means both (a) the individual accessing, using or registering as a user of the Site or the existing user of the Site now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental enti-ties specified by you upon registration or the use of the Site or the use or sharing of any the Site’s Content (“your entity”). You and your entity, if any, are jointly and severally liable for your obligations under this Agreement.
As used in this Agreement, “Content” means any graphics, images, photographs, logos, illustra-tions, other visuals, audio, video, copy, text, software, applications, titles, buttons, Flash or Shockwave files, or other visual representations generated optically, electronically, digitally, or by any other means, or any other material protected by copyright, trademark, patent, or other intellectual property right, which is licensed to, owned by, or used by Oakmont and is contained on the Site and/or any of the Site’s subdomains or related websites. Any reference in this Agreement to the Content will be to each individual item within the Content and also to the Content as a whole. Except as otherwise provided by a third party, all Content is owned by Oakmont, and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws (collectively, “Intel-lectual Property Rights”).
Scope of Applicability
2. The Site may contain links to third party websites that are not owned or controlled by the Site or its affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. BY USING THE SITE YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OAKMONT AND ITS MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS FROM ANY CLAIMS, SUITS, LIABILITIES, LOSSES OR EXPENSES (INCLUDING ACTUAL AT-TORNEYS’ FEES) WHICH ARISE FROM THIRD PARTY CLAIMS RELATING TO USE BY YOU OR ANY OTHER PERSON ACCESSING THE SITE THROUGH YOUR ACCOUNT.
3. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit.
Links To Other Sites; Link Agreement
1. Oakmont may provide links to other Internet sites or resources. Oakmont likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, of-fered or guaranteed by Oakmont.
2. Oakmont does not provide links from its website(s) to external sites except as specified by business or contractual relationships with partners/sponsors and select information providers.
3. Permission to create a link to the Site is granted upon compliance with the conditions described in this Agreement. By creating a link to the Site, you agree to be bound by the terms stated in this Agreement. Oakmont reserves the right to change these conditions at any time without prior notice, and compliance with such revised terms is a prerequi-site to your continued right to link to the Site.
4. Oakmont expects persons or organizations that link to the Site to provide factually cor-rect information and to uphold high ethical standards in developing and presenting in-formation. Please contact Oakmont prior to linking to this Site.
5. Links may only be established to the homepage of the Site. Links to any main section page or sub-section within, and/or any featured area of the Site, are prohibited.
6. When linking to the Site, you must use hypertext only and it must be in the following form: “Oakmont Senior Communities®.” Any variation without written consent from Oakmont will result in immediate termination of your rights to link to the Site. Please note that only official sponsors or partners affiliated with Oakmont who have a written license agreement with Oakmont may use the official registered logo (or any other Oakmont trademarks, service marks, logos or slogans) as a link.
7. When linking to the Site, you may not create a frame around the information provided from the Site or represent it differently in any way other than it is presented on the Site.
8. When linking to the Site, you may not state or imply that Oakmont is endorsing you and/or any of the products or services that you or your organization provides. Addition-ally, you may not represent that you or your organization has a relationship with Oak-mont or any of the events, products or services that Oakmont provides unless that rela-tionship is the subject of a written agreement that has been signed by Oakmont.
9. By linking to the Site, you acknowledge the following:
a. Unless otherwise indicated, Oakmont holds the copyright to all materials on the Site. Further, except for trademarks, service marks and logos of its sponsors, or un-less otherwise indicated, Oakmont owns all of the trademarks, service marks and logos (“Marks”) used and displayed on the Site. Without the express written consent of Oakmont, you may not copy, reproduce, display, republish, download, post or otherwise use any of the material or Marks from the Site on your website or on an-other website. Any use of the Marks requires a separate agreement with Oakmont and is permitted only subject to, and in accordance with, Oakmont’s standard brand-ing guidelines and quality control and trademark guidelines and license of use of the Marks.
b. Oakmont assumes no liability or responsibility whatsoever for any content of any website that is linked to the Site.
c. You agree to hold harmless Oakmont, its officers, directors, employees, volunteers, affiliates and licensors from all claims arising out of or related to your link to, or in-ability to link to, the Site. If your link to the Site results in the need for servicing or repair of equipment or data, you agree to assume any costs thereof.
d. Oakmont reserves the right to terminate any links to the Site as it deems necessary, with or without cause or warning. If Oakmont chooses to exercise this right, you will be required to remove your link to the Site immediately.
Permissible Use of Content
Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit, and print the Content available on the Site subject to the following conditions:
a. you may only use the Content for personal, informational, or non-commercial pur-poses;
b. you may not provide, sell, license, or lease the Content for any fee or other consid-eration;
c. you must ensure all copyright, trademark, and other proprietary rights notices in-cluded in the Content as presented on the Site appear on all copies;
d. you may not modify or alter the Content in any way; and
e. you may not use any graphics separately from accompanying text.
Ownership of Site and Site Content
Unless otherwise indicated in the Agreement documents, all of the Content is owned by Oak-mont, and/or its respective affiliates, licensors or third-party partners. Neither these Terms nor your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to you. We and our third-party licensors retain all of our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not ex-pressly granted are reserved. Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without our express written permis-sion. Certain materials on the Site may be furnished by third parties. Certain products, ser-vices, or company designations for companies other than us may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OAKMONT AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. OAKMONT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CON-TENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. OAKMONT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OAK-MONT AND ITS MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDE-CESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN THE SUM OF TEN ($10.00) DOLLARS THAT RESULT FROM: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PAR-TICIPATION IN ANY SITE PROGRAMS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CON-TENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OAKMONT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE STATE OF MICHIGAN. IN NO EVENT SHALL OAKMONT BE RESPONSIBLE FOR ANY VIOLATION OF THIS AGREEMENT OR ANY DAMAGES, DIRECTLY OR INDIRECTLY, SUFFERED BY YOU AS A RESULT OF YOUR ACTIONS. The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or re-pairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. The Content of the Site is intended for use and display only where its use and display are permissible in accordance with applica-ble laws and regulations. The Site is provided from the United States of America, and all serv-ers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. We do not make any representations regarding the le-gality of the Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.
You agree to defend, indemnify and hold harmless Oakmont, and its parents, subsidiaries, shareholders, members, directors, managers, officers, employees, agents, successors and as-signs, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from (i) your use of or access to the Site; (ii) your violation of any provision of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnifi-cation obligation will survive this Agreement and your use of the Site.
This Agreement and any rights and licenses granted hereunder, may not be transfered or as-signed by you, but may be assigned by Oakmont without restriction.
You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn, or impugn the personal, professional, or business reputation of the Site, Oakmont, and Oakmont’s shareholders, members, directors, managers, officers, employees, licensors, attorneys, operators, affiliates, predecessors, successors, assigns, insurers and/or agents, including without limitation any communication that could have the effect of or inten-tion of which is to cause embarrassment, disparagement, damage or injury to the reputation, business, or standing in the community of any such parties and regardless of whether any such communication is or may be true or founded in facts.
Notwithstanding anything in this Agreement to the contrary, we may disclose personally identi-fiable information, business records, or other information to third parties in the event of any of the following: (1) To allow a third party contractor to help operate the Site or the Site’s or Oakmont’s business; (2) If a court order, arbitration order, or other governmental order is sought to disclose the personally identifiable information or a subpoena is served that purports to require the disclosure of the personally identifiable information; (3) The information needs to be disclosed in order to provide requested services; or (4) we find that your actions violate the Site’s policies or usage guidelines. In addition, we may disclose anonymous information, including, without limitation, your location and your use of the services provided to you by the Site to illustrate patterns and trends of site access and usage.
Relationship of the Parties
You and we are independent contractors, and nothing in this Agreement will create any partner-ship, joint venture, agency, franchise, sales representative relationship, or employment rela-tionship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representation on our or our affiliates’ behalf. You agree not to make any statement, whether on your website, its subdomains or otherwise, that contradicts or may con-tradict anything in this section.
Oakmont imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without lim-itation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, or attempting to access accounts, computer systems, or networks connected to any of our servers or to the Site, through hacking, password mining, or any other means, or obtaining or attempting to obtain any materials or information through any means not intentionally or readily made available through the Site; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system, service or network, or to breach security or authentication measures without proper authorization, or to damage or oth-erwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with administration and operation of the Site or other parties’ use of the Site; (c) interfering or attempting to interfere with the proper function-ing of the Site or with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using the Site to send unsolicited e-mail, including, without limitation, pro-motions, or advertisements for products or services; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Oakmont in providing the Site, (f) delete, modify, hack or attempt to change or alter any of the Content on the Site; (g) use any of our names, service marks, logos, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text; (h) use any material or infor-mation, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (i) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (j) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spi-ders or intelligent agent software (or similar technologies) for the purpose of harvesting or compiling information on the Site for purposes other than accessing publicly posted portions of the Site and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. You may not data mine the Site or in any way cause harm to the Site.
Use of Communication Services
The Site may contain contact and messaging applications or portals, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Oakmont, with the public at large, or with a group (each a “Communication Service” and collectively the “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communica-tion Service, you will not:
a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. Publish, post, upload, distribute or disseminate any inappropriate, profane, defama-tory, infringing, obscene, indecent or unlawful topic, name, material or information.
c. Publish, post, upload, distribute or disseminate any “Protected Health Information” as defined under the Health Insurance Portability and Accountability Act of 1996.
d. Upload files that contain software or other material protected by intellectual proper-ty laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
e. Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of anoth-er’s computer or property of another.
f. Advertise or offer to sell or buy any goods or services for any business purpose, un-less such Communication Service specifically allows such messages.
g. Conduct or forward surveys, contests, pyramid schemes or chain letters.
h. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
i. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
j. Restrict or inhibit any other user from using and enjoying the Communication Ser-vices.
k. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
l. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
m. Violate any applicable laws or regulations.
Oakmont has no obligation to monitor the Communication Services. However, Oakmont re-serves the right to review materials posted to a Communication Service and to remove any ma-terials in its sole discretion. Oakmont reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Oakmont reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Oakmont’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Oakmont does not control or endorse the content, messages or information found in any Communication Service and, therefore, Oakmont specif-ically disclaims any liability with regard to the Communication Services and any actions re-sulting from your participation in any Communication Service. Managers and hosts are not au-thorized Oakmont spokespersons, and their views do not necessarily reflect those of Oakmont.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
No Medical Advice
The Site is designed for educational and informational purposes only. The Site does not provide medical advice, diagnoses or recommendations about medical treatment, and does not recom-mend or endorse any products or information for any particular circumstance. You expressly acknowledge and agree that we are not responsible for the results of any decisions made based on your use of the Site.
THE CONTENT ON THE SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Oakmont Senior Communities