EFFECTIVE MAY 13, 2020
As used below, the term “Services” means the Sites, the senior living and senior care information, recommendations and any other services that Agibly provides. Agibly offers its Services at no charge to older adults or their families. We are paid by senior living, senior care, and other service providers with whom we contract.
To use the Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Services by the laws of the jurisdiction from which you access the Services.
Agibly provides information about and offers to connect you with senior housing, care, financial, and other service providers (each a “Provider”; collectively “Providers”). We are not a Provider nor are we an agent of any Provider or of you. You acknowledge and agree that you rely on your own judgment in selecting Providers and that Providers are solely responsible for any products or services they may provide to you. You acknowledge and agree that Agibly is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Provider’s products or services.
Providers are solely responsible for evaluating, accepting (or declining, as applicable), and serving the seniors referred to them, 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 Provider is responsible for the conditions of its facilities, the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works for or at the Provider.
Each Provider also is responsible for the content of the information posted on its websites. Such information does not represent our views, or any individual associated with us, and we do not control such content. We do not monitor or vouch for the accuracy or completeness of any of the information posted by or for the Providers, nor do we take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by or for the Providers.
We do not perform any medical assessment of any individual or Provider or participate in your and the Provider's decision regarding final selection or admittance. While we work with both you and the Provider, we are not a legal party to any transaction between you and the Provider.
NO PROFESSIONAL ADVICE
We offer information and content through the Services which may include medical, legal, financial, housing, and other information related to senior living and senior care. Such information is for educational and informational purposes only and is not a substitute for any professional, financial, medical, legal, or other advice. Your access or use of our Services does not create in any way a physician/patient, attorney/client, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We expressly disclaim, and you expressly release us from, any and all liability concerning any treatment of, action by, or effect on any person following the information offered or provided within or through the Services. Always consult with an appropriately trained and licensed physician, attorney, financial advisor or other professional.
PRIVACY AND CONSENT TO COMMUNICATIONS
RECORDED TELEPHONE COMMUNICATIONS
Telephone communications between you and Agibly may be recorded or monitored for quality control purposes. By providing information to us, you expressly consent to Agibly recording and monitoring these telephone communications.
ACCESS AND USE OF THE SERVICES
By accessing or using the Services, you agree not to use the Site or Services for any commercial, fraudulent, or unlawful purpose or for any purpose not expressly intended by Agibly. You agree not to interfere 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.
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, harvest, acquire, copy or monitor our data or any portion of our Services without our prior written permission.
You agree not to impersonate or otherwise misrepresent your identity or affiliation with a person or entity.
You agree to refrain from accessing secured portions of the Sites; jeopardizing the proper functioning of the Sites; reverse engineering or otherwise deriving the source code that enables the Sites; circumventing, disabling, or discovering any security measures, including but not limited to encryption algorithms and passwords, used by or for Agibly to protect its computer systems.
You agree not to engage in any other action in any way that is unlawful or harms Agibly.
UNAUTHORIZED USE AND TERMINATION
You may use the Site only for authorized and legal activities. Agibly reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.
The Services is not directed to, or intended for use by, anyone under the age of eighteen (18). Individuals under the age of eighteen (18) are not authorized to use the Services.
You may not use the Site or the Content for any commercial purpose. Except as authorized by Agibly in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Agibly is prohibited. Unless otherwise indicated, all logos, names, designs and marks on the Site are trademarks or service marks and may not be used without Agibly’s permission.
LINKS TO EXTERNAL WEBSITES
THIRD PARTY PRODUCTS AND SERVICES
We may display advertisements or promotions from, and links or referrals to, Providers and other third parties on the Sites. We make no guarantees about, nor do we assume any liability or responsibility for, the accuracy, currency, suitability, or quality of the information about such products and services. You are solely responsible for your dealings with third parties and their products and services. We encourage you to investigate and use your best judgment regarding the merits and quality of any third-party products and services you find on or through the Sites.
DISCLAIMER OF WARRANTIES
THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “SITE MATERIALS”), ARE PROVIDED ON AN “AS IS/WHERE IS/AS AVAILABLE” BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AGIBLY DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS AVAILABLE AT THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL AGIBLY, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF AGIBLY, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SITE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF AGIBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Sites are intended for use by legal U.S. residents. If you choose to access the Sites from any location outside this area, you accept full responsibility for compliance with the laws of the jurisdiction where such access occurs. We make no representation that the Sites or Site Materials are appropriate or available for use in locations outside the U.S. Accessing the Site or using any Site Materials from any jurisdiction where access or use is illegal is prohibited.
INTEGRATION AND SEVERABILITY
NO COMMERCIAL SOLICITATION
Businesses may not contact Individual sellers to solicit commercial services or products.
LISTING ON ABIGLY’S WEBSITE
Each Provider that submits a free website listing request form (“Listing Form”) to Agibly agrees as follows as a condition to Agibly posting Provider’s listing (“Listing”):
Listing Content. Provider shall be solely responsible for providing Agibly with accurate text, logos, images, photographs, domain names, and other data and files to be utilized in Provider’s listing(s) on Agibly’s website(s) (the “Listing Content”).
Listing Guidelines. Provider’s Listing Content shall: (i) conform to all applicable federal or state laws, rules, or regulations; (ii) not be unfair, misleading, or deceptive; and (iii) not feature or promote Listing Content that is offensive, defamatory, or otherwise in poor taste, as determined solely by Agibly.
Listing Period. Agibly shall retain sole and absolute discretion to remove Provider’s listing for any or no reason, with or without notice.
Representations. Provider represents and warrants that it:
is in good standing with the state agency in charge of licensing the type of business in which Provider is engaged;
is not in enforcement status for violation of state licensing regulations;
maintains errors and omissions insurance;
has no pending litigation related to the services Provider offers;
has no pending or discharged bankruptcies; and
will conduct itself in accordance with professional standards of honesty, integrity, and fair dealing.
Authority. The individual submitting the Listing Form affirms that he or she is fully authorized to bind Provider to the terms of this section (Website Listings).
Release. Provider acknowledges Agibly is not responsible, and refrains from holding Agibly responsible, for the care, health, or overall well-being of any of Provider’s customers or for any damages of any kind to Provider resulting from its listing(s) on Agibly’s website(s). Provider expressly, on behalf of itself and all successors in interest or assigns, hereby releases and forever discharges Agibly, and its past and current and future officers, directors, agents, subsidiaries, affiliates, owners, and representatives, from any and all claims of any nature (whether known or unknown), any causes of action in law or in equity, and any damages, judgments, or losses relating to or in any way arising out of: (i) the services provided by the Provider or (ii) any of Provider’s Listings.