Benchmark Senior Living has established this Site (“Site”) as a service to you. Please browse through all of our Site to locate information of interest to you.
These Terms of Use govern your use of our Site. Please read the terms in full before using our Site. By accepting these Terms of Use, or by using this Site, you agree to be legally bound by these Terms of Use, and our Privacy Policy. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms of Use at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms, so please refer to them in the future.
Use of Site
Unless specifically noted otherwise, all content of this Site is the property of Benchmark Senior Living and is protected under copyright laws. You may view, copy, print, download, and use content from our Site solely for your personal, noncommercial use and provided that you keep intact all copyright and other proprietary notices. However, you may not use, modify, transmit, republish, upload, or distribute in any way the content of our Site for public or commercial purposes, including the text, images, and graphics, without the written permission of Benchmark Senior Living.
Site Uptime
We take all reasonable steps to ensure that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time. Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
User Conduct
Any material you send or post to our Site shall be considered non-proprietary. When using our Site, you shall not post or send to or from the Site:
- content for which you have not obtained all necessary consents;
- content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;
- content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of the this Section.
You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
Disclaimers and Limitation of Liability
While Benchmark Senior Living uses reasonable efforts to include accurate and up-to-date information in this Site, Benchmark Senior Living makes no warranties or representations as to the accuracy or completeness of this Site’s information. Benchmark Senior Living shall not be liable for any damages or injury (including, but not limited to, any special, indirect, incidental, or consequential damages) resulting from your reliance on any information provided in this Site. By using this Site, you assume the risk that its material and information may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. In addition, Benchmark Senior Living assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this Site, or your downloading of any material, text, or graphics from or through this Site.
Without limiting the foregoing, everything on this Site is provided to you “AS IS” and Benchmark Senior Living SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ITS CONTENTS.
Third Party Links and Related Links
This Site may provide links or reference to other sites, but Benchmark Senior Living has no responsibility for the content of other such sites. Further, Benchmark Senior Living shall not be liable for any damages or injury arising from the use of other such sites and/or their content. Any links within this Site to other sites are provided solely as a convenience to our Site visitors. We look forward to hearing from you and have provided several places on this site through which you can contact us. Please remember that all messages sent to or from our site can be accessed by other Internet users. To protect your privacy, please do not use e-mail to communicate confidential information.
You may access other Sites through our “Related Links” section. These links are provided to you solely as a convenience. Benchmark Senior Living does not pass upon the content and accuracy of these other Sites, and therefore, disclaims all responsibility for their content and accuracy.
Indemnification
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Applicable Law
We make no representations that the content or the Site are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website.
Our Site is created and controlled in the Commonwealth of Massachusetts, United States of America. The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the Commonwealth of Massachusetts, and applicable United States federal laws. Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.
Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
General
These Terms, together with the Privacy Policy, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.