Terms of Service
Effective April 4, 2023
The Sites and the Services are provided by Florida Senior Consulting, LLC.
Florida Senior Consulting provides senior housing placement assistance to seniors and their families and assistance with health care and other related services. FSC provides in-person help in senior housing and related services.
This may include independent living, home care, residential care homes, assisted living, specialized memory care, and skilled nursing. After meeting with the family and understanding their needs and goals, we provide them with information about contracted communities (“Participating Communities”) and forward the family’s information to those Participating Communities. We also customarily tour the communities with the family and seniors. Families can review detailed information about local and national Participating Communities and get personalized, knowledgeable assistance in person and by telephone from an FSC client manager. FSC’s placement services are offered at no charge to families as the Participating Communities pay a fee to FSC. If the client requests other services, FSC will quote any fee due for that specific service.
Participating Senior Housing And Care Communities
FSC tours all the Participating Communities in person and gathers information on them. However, the Participating Communities are solely responsible for evaluating, accepting, declining, and caring for all residents. They are also responsible for having appropriately qualified and licensed staff and the necessary facilities, resources, and equipment to provide the services and care its residents require competently.
Each Participating Community is responsible for the conditions in 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 Sites. Their information does not represent FSC’s views or any individual associated with us. We do not vouch for the accuracy or completeness of any information posted by or for the Participating Community on the Sites. FSC does not broker, sell, or lease space from these communities and is not a party to any transaction between the provider and the family. We do not represent the accuracy of this information and take no responsibility or assume any liability for any actions you may take by relying on their information.
No Unauthorized Use of the Sites 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, FSC computer and/or telecommunication systems 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 FSC to protect its computer and/or telecommunications systems.
- 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.
- 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 FSC.
Intellectual Property Ownership
All trademarks, service marks, and trade names are proprietary to FSC 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, are the property of FSC and its licensors. The FSC name and any FSC products and services, slogans, or logos referenced herein on the Sites are trademarks or registered trademarks of FSC. 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 Websites
We may provide links to external Web sites for your convenience only. We do not control such External Web Sites and are not responsible for the content of any linked site or any link contained in a linked site. We make no claim or representation regarding and accept no responsibility for the quality, content, nature, or reliability of External Web Sites.
THE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD-PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. FSC AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES, AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, FSC IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING, WITHOUT LIMITATION, ANY PARTICIPATING COMMUNITY OR OTHER HEALTH CARE AND/OR ANY OTHER SENIOR HOUSING AND CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM FSC OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. FSC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, FSC DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FSC BE LIABLE TO THE USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF FSC.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FSC OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FSC OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $100.00. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE FSC OR THE ASSOCIATED PARTIES’ LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
To the fullest extent permitted by applicable law, You agree to indemnify and hold FSC 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 Service, or the infringement by you of any intellectual property or other rights of any person or entity.
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 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.
Governing Law And Forum Selection
Any dispute arising from the Site and your use of the Services will be governed by and construed, and enforced in accordance with the laws of the state of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts in Sarasota County, Florida.
Claims Subject To Mandatory And Binding Arbitration, Class Waiver, And Jury Trial Waiver
Please read the following important section carefully.
Except for small claims disputes or claims related to intellectual property, you and we waive our rights to a jury trial and to have any dispute arising out of or related to the Sites or Services resolved in court. Instead, disputes relating in any way to the Sites or Services must be submitted to binding arbitration administered by JAMS https://www.jamsadr.com/. The Federal Arbitration Act and federal arbitration law apply to this agreement.
You and we agree that any dispute arising out of or related to the Sites or our Services is personal to you and us and that any dispute will be resolved solely through individual action, not be brought as a class arbitration, class action, or any other type of representative proceeding.
You and we agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email to [ NEED LINK HERE] In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.
If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Service; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
Thank You for Using the FSC Sites and Services
Thank you for using the FSC Sites or Services. We strive to help the senior community in an open, helpful, compassionate, and respectful manner. We welcome your feedback which you can send to us at firstname.lastname@example.org. Or you can reach us directly by phone at 800-969-7176. We believe senior living should be on your terms, and the choice should always be yours.