Terms of Use

The following are terms of use (“Terms of Use”) regarding the use of this website (the “Site”) as well as our Services (the “Services”). This applies to you and/or your family and any advisors (the “Client”). We strive to inform the Client about the best Senior Living Community (the “Community) according to their needs and desires.

It is important that the Client reads and understands the following Terms of Use.

The Clients’ use of the Site and/or the Services will constitute an agreement to be legally bound by the terms and conditions set forth in these Terms of Use.
If for any reason the Client does not agree to these Terms of Use as set forth, they may not use the Site and/or the Services provided by Living Your Choice.

We may amend these Terms of Use at any time. If the Client continues to use the Site and/or the Services after the amendments become effective, the Client is deemed to have agreed to and be bound by the Terms of Use as amended. If the Client does not agree to the amended Terms of Use, then the Client should not to use the Site and/or the Services.

1. Our Service

Living Your Choice is a senior housing consulting firm that provides personalized assistance in finding senior housing and related services. Our job is to match the Client’s needs with that of the communities in our network who provide medical, healthcare, and other related services.

We will guide the Client through the many available options based on needs and preferences. Options include but are not limited to independent living, home care, residential care homes, assisted living, specialized memory care, and skilled nursing.

The Client can review detailed information about local and national communities in our network and get personalized, knowledgeable assistance by their assigned local Living Your Choice Counselor.

The Site and/or the Service may also provide content relating to medical and healthcare issues but this should not be considered medical advice.

2. Our Fees

Our Service is completely free to all of our Clients. All fees associated with the Site and/or the Service are paid by the Community that the Client selects.

3. Community

Living Your Choice is not involved in the actual transaction between the Clients and the communities. We do not promote or recommend any particular Community in our network. Consequently, Living Your Choice cannot guarantee that a transaction will occur or if it does occur that it will satisfy the needs of either the Client or Community.

It is the Client’s responsibility to meet the qualifications (financial and/or medical) of the desired Community. The Communities in our network are solely responsible for evaluating, accepting (or declining, as appropriate), caring for all residents. This includes, without limitation, ensuring that their staff are appropriately qualified, current on education requirements, and possess the necessary resources, and equipment to competently provide the services and care required by the Client. Each Community is responsible for the conditions at its facility and acts and/or omissions of its employees, vendors, contractors, and any other individual who works at or for a Community.

Each Community is responsible for the content of the information posted on its page as well as information on the Site. The information does not represent our views or that of any individual associated with Living Your Choice, as we do not control this content. We cannot assure the accuracy or completeness of any of the information posted by and/or for the Community on the Site, and do not take any responsibility or assume any liability for any actions you may take as a result of the information posted by and/or for the Community. By using the Site and/or Services, you assume all associated risks.

4. Disclosure of Information

By using the Site and/or Service the Client authorizes Living Your Choice to provide personal, financial and medical information provided by the Client to one or more communities, as we deem necessary. This information will be shared for the purpose of matching the Client’s needs with the services available at the communities.

This authorization shall continue in effect until Living Your Choice receives written direction from the Client to cease providing such information to communities in our network. At that time we will discontinue representing you to communities.

The Client is responsible for providing accurate and complete personal, medical, and health related information to the Site and/or Service. Additionally the Client agrees to provide accurate updated information as it becomes available.

Living Your Choice will retain your information. However, except as set forth herein and in our privacy policy, we will not provide your information to any third parties.
Living Your Choice is not a covered entity under the Health Insurance Portability and Accountability Act, often referred to as HIPAA.

5. Non-Endorsement

We are not a representative or agent for either the Client or the network Community and do not act on either’s behalf.

It is the sole responsibilities of the Community and the Client to determine if the Client has selected the appropriate and best match for each party involved.

We provide an information service and do not:
– Perform any medical assessment for the Client or the Community
– Participate in the Clients and Community’s final decision regarding selection or admittance.

Living Your Choice does not sell, rent, lease, or broker any space and is not a party to any transaction between the provider and the family.

6. Advice Provided

All information, printed materials, web content and/or advice on the Sites and/or the Services is for informational purposes only and is not intended to substitute for any professional, financial, medical, legal or other advice.

Living Your Choice expressly disclaims, and the Client expressly releases Living Your Choice from any and all liability arising from any use of the Sites and/or Services.
We recommend that you should always consult with the appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice.

7. Security

We use reasonable security measures to store and maintain personal information and to protect it from loss, misuse by any unauthorized parties while it is under our control.

Please note that while we will make reasonable efforts to protect the Client’s personal data, no transmission of data over the Internet is 100% secure.

The Client should always take care with how they handle and disclose their personal information.

8. The Client’s Termination of Use Rights

The Client can terminate services with Living Your Choice at any time in written notice. Living Your Choice will immediately cease and desist the use of any client information at that time.
We will discontinue any further contact with The Client at that time.

9. Living Your Choice Right of Refusal

Living Your Choice reserves the right to decline any Client for any reason.

This may include but is not limited to declining to refer a client to a Community to which client was previously referred by another Community referral service or website
We reserve the right to refuse to place the Client in a facility that refuses to compensate Living Your Choice for its services.

10. Applicable Laws

The Client’s use of the Site and/or the Service is subject to all applicable local, state, federal and international laws and regulations.

11. Links and External Websites

The Site provides links to external websites. Living Your Choice does not endorse and is not responsible for any content, advertising, products, or other materials from these external websites. Any use of these websites is at your own risk. No claim may be made against Living Your Choice or its affiliates arising out of your use of any external websites.

12. Communication

The Client agrees to receive email and telephone communications from Living Your Choice to follow up to all requests from the Site and/or Services.

The Client may also receive electronic newsletters and special promotions from Living Your Choice, but the Client may opt to be removed from these distributions at anytime.

13. Intellectual Property Ownership

All the content of the Site and/or the Services are the exclusive property Living Your Choice. Living Your Choice retains all rights relating to the Site and/or the Services, including ownership of the content, copyrights, materials, trademarks and all other intellectual property.

Any data added to the Site including but not limited to information, blog posts, and comments, becomes the sole property of Living Your Choice.
No copy, reproduction, modification and/or reproduction of any information from the Site and/or the Services, is permitted without the express written permission of Living Your Choice.

14. Disclaimer of Warranties

The Client expressly agrees that all content and services provided on or through the Site and/or Services are provided on an “as is” and “as available” basis.

Living Your Choice expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Client acknowledges that the views and opinions expressed on the Site, which include the blog, any postings, articles, or web links, do not reflect the views and/or opinions of Living Your Choice.

Living Your Choice and its employees, contractors, agents, and affiliates do not warrant that the content of the site and the service are accurate, reliable or correct. We make no [I presume that “no” was inadvertently omitted here.]guarantee that the Site and/or the Service will be uninterrupted, timely, secure or error-free; that any defects or errors will be corrected; that the content of the site or the service are free of viruses or other harmful components; or that your information will be kept private and confidential (except as set forth in the Living Your Choice privacy policy). The Client’s use of this site and the service is solely at the Client’s own risk.

Living Your Choice does not endorse, warrant or guarantee the products or services of any of its partners. Living Your Choice bears no liability for any products, services, information or other materials displayed, purchased, obtained or sold by the Client connection with the Site and/or the Service.

15. Limitation of Liability

Living Your Choice and its directors, officers, partners, employees, representatives, contractors, affiliates, successors and assigns (the “Living Your Choice parties”), shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the Site and/or the Service for cost of procurement of substitute goods and services or resulting from any goods or services purchased, obtained or sold or messages received or transactions entered into through the service or the site or resulting from unauthorized access to or alteration of your transmissions or information, including but not limited to damages for loss of profits, use, data, identity theft, or other intangible, even if the Living Your Choice parties have been advised of the possibility of such damages.

The Living Your Choice parties’ collective maximum liability to the Client related to these terms of use shall in no event exceed the amount paid by the Client for use of the services, if any. The limitations of liability and disclaimers in this agreement shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence or other tort.

16. Indemnification

The Client agrees to indemnify and hold Living Your Choice, its affiliates, officers, directors, employees, partners, representatives, contractors, successors and assigns harmless from any claim or demand, including attorneys’ fees, arising out of your use of the Site and/or the Service.

17. Termination

If you breach any provision of the Terms of Use, the Client may no longer use the Site and/or the Service. The Client may cease using the Site and/or the Service at any time.
Living Your Choice may, at its sole discretion, change, suspend, or terminate, temporarily or permanently, the Site and/or the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person.

If Living Your Choice terminates the Terms of Use for any reason, the Terms of Use will continue to apply and bind you with respect to your prior use of the Site and/or the Service. Upon termination, Living Your Choice may remove from the Site and permanently delete and destroy any content that you or others may have posted or submitted without any prior notice or liability to you or any other person.

18. Miscellaneous

The Terms of Use does not create any form of partnership, joint venture, or employment relationship between the parties.

No assignment of these Terms of Use, by operation of law, is permitted without the prior written consent of Living Your Choice.

The failure of either party to exercise or enforce any right or provision of the Terms of Use shall in no way constitute a waiver of such right unless acknowledged and agreed to by Living Your Choice in writing.

If a court declares any portion of the Terms of Use to be invalid or unenforceable, the remainder of these Terms of Use will still continue in full force as written.
These Terms of Use shall be construed in accordance with the laws of the State of California. The Client and Living Your Choice agree to submit to the exclusive jurisdiction of the state courts located in Orange County, California, and the federal courts located in the State of California, with respect to disputes hereunder.

Close Comments