Effective May 10, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. YOUR USE OF THIS WEB SITE AS WELL AS ALL OTHER WEB SITES WHICH TRUE ASSIST, LLC (“TRUE ASSIST” OR “WE”) OWNS AND/OR OPERATES (INDIVIDUALLY AND COLLECTIVELY, “SITE” OR “SITES”) AND/OR THE SERVICES PROVIDED BY TRUE ASSIST THROUGH OR IN CONNECTION WITH THE SITES (“SERVICES”) IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING OUR SITES OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITES AND/OR THE SERVICES.
PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO JURY TRIAL CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH TRUE ASSIST. PLEASE READ IT CAREFULLY.
We reserve the right to change or modify any of the Terms, the Sites, and/or the Services at any time. If we decide to change our Terms, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Your use of the Sites and/or the Services following the posting of changes or modifications to the Terms will constitute your acceptance of the revised Terms. Therefore, you should review the Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Sites and/or Services. If you do not agree to the amended terms, you must immediately stop using the Sites and/or Services. You agree that True Assist will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
The Terms do not alter the terms of any other agreement you may have with True Assist for services. These Terms form a legally binding agreement between you and True Assist in relation to your use of the Sites and/or Services. It is important that you take the time to read them carefully.
To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.
True Assist provides referrals to individuals and their families who are seeking assisted living facility, adult/ senior facility, and/or care provider options. We analyze your specific care needs, non-care needs, budget, desired geographical areas and other needs and desires and provide a list of participating assisted living facilities and/or home care providers (each a “Participating Provider” and collectively the “Participating Provider”) which most closely match the demographics provided and we forward the individual’s and/or family’s information to those Participating Providers. All of our Participating Providers have warranted that they are licensed in the state of operation. True Assist does not recommend or endorse any particular Participating Provider. The decision as to which Participating Provider to choose is entirely your responsibility. True Assist is not a party to, nor do we prepare, review or negotiate any contract or agreement entered into between you and a Participating Provider. We receive compensation from the Participating Provider when you utilize and pay for their services. Participating Providers are prohibited from charging more to referred individuals as a result of our Services. We do not solicit, receive or accept gifts or referral incentives from Participating Providers. True Assist may provide you with resources for additional professional service providers, such as elder law attorneys, will and trust attorneys, veteran’s advocates, financial advisors, realtors and/or accountants in order to assist you with developing a comprehensive care plan. We do not solicit, receive or accept gifts, or incentives from referred professional service providers.
The Participating Providers are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all contracted individuals and/or residents, including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary skills, facilities, resources, and equipment to competently provide the services and care required by its contracted individuals and/or residents. Each Participating Provider is responsible for the conditions of its services and/or at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at, for, or on behalf of the Participating Provider.
The Participating Providers deliver True Assist all content and information regarding their services, facilities, and communities, and are solely responsible for the accuracy and completeness thereof. For the avoidance of doubt, each Participating Provider is responsible for the content of the information posted on its page and/or on the Sites. The information does not represent our views or any individual associated with us, and we do not control this content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Participating Provider on the Sites, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for the Participating Provider on the Sites. By using the Sites and/or Services, you assume all associated risks.
Limitation of Services
We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Participating Provider. We provide only an information service and do not (1) perform any medical assessment of or for the individual or the Participating Provider, (2) make the decision for the individual or Participating Provider regarding final selection or admittance, or (3) sign-up the individual with any Participating Provider. Further, we are not a representative of or agent for you, the potential resident/care recipient, or the Participating Provider and do not act on any of the aforementioned behalf. It is the responsibility solely of the Participating Provider and the potential resident/care recipient, and/or the potential resident’s or care recipient’s family and care provider(s) and/or other involved parties acting on the potential resident’s or care recipient’s behalf to determine if such individual is an appropriate admission to, or recipient of services from, the Participating Provider. True Assist does not broker, sell, or lease space directly and is not a party to any transaction between the Participating Provider and the family.
No Professional Advice
All information, materials, content and/or advice on the Sites or provided through the Services are for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. True Assist expressly disclaims, and you expressly release True Assist from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Sites and/or Services. You should consult with an appropriately trained and licensed specialist for all concerns that require medical, legal, financial, or other professional advice.
You agree to not take/perform any of the following actions and/or activities: (a) use the Sites or Services for any commercial or illegal purpose or in any way that my harm the Sites or Services; (b) distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way; (c) engage in any 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; or (d) impersonate any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
Intellectual Property Ownership
All content, data, information, and materials included in the Sites (the “Site Materials”) are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by True Assist or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the Site Materials on this Site without True Assist’s express written consent. All rights not expressly granted are reserved.
True Assist grants you a limited, fully revocable, non-exclusive, nontransferable, non-sublicensable license to access and use the Sites and all Site Materials solely for your personal use, subject to the terms and conditions set forth in these Terms. You will not use the Sites or any of the Site Materials other than for their intended purpose or in any way that is unlawful or harms True Assist. Any use of the Sites or the Site Materials other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, will automatically and immediately terminate the license granted herein.
Hyperlinks to External Web Sites; Third Party Products and Services
The Site may include links or access to other websites or applications belonging to, as well as advertisements or promotions from, our advertisers, business partners, affiliates, Participating Providers and/or other third parties. Such links, access, promotions, and/or advertisements, do not constitute our endorsement of those third parties, nor their products or services. We are not responsible for the activities or policies of those third parties. We are not responsible for examining or evaluating any third-party products or services and we do not warrant their offerings.
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 USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER, SENIOR LIVING PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
To the fullest extent permitted by applicable law you agree to indemnify, defend and hold harmless True Assist, and its officers, directors, employees, contractors, agents, licensors, and service providers (“Indemnified Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Site, (ii) your violation of these Terms, (iii) your violation of any rights of any third party, or (iv) your conduct in connection with the Site.
Limitation of Liability
NONE OF THE INDEMNIFIED PARTIES MAY BE HELD LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, CONTENTS OR MATERIALS ON THIS SITE, EVEN IF INDEMNIFIED PARTIES ARE NEGLIGENT OR IF INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL INDEMNIFIED PARTIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. INDEMNIFIED PARTIES’ TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Governing Law; Venue
Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site or the Services shall be resolved in accordance with the laws of the state of California. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Los Angeles County, California.
ARBITRATION; CLASS AND JURY TRIAL WAIVERS
Please read the following important section carefully.
Subject to and in accordance with the Governing Law; Venue section above, you expressly agree that any claim or cause of action that arises from, relates to, or in connection with the Sites and/or Services shall be adjudicated exclusively and finally by arbitration administered by JAMS (the rules for which are located at www.jamsadr.com/rules-download and are hereby incorporated by reference). 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, and will not be brought as a class arbitration, class action, or any other type of representative proceeding. If any portion of this section is found to be unenforceable or unlawful for any reason, the remaining portions of this section and these Terms will remain in full force and effect.
Copyright Infringement Notices
If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site.
- Identification of the material(s) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit True Assist to locate the material.
- Information reasonably sufficient to permit True Assist to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will take those actions required by applicable law as a result of any proper and complete written notification received. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid, or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions. Failure or delay by True Assist to exercise any right, power, privilege, or remedy shall not constitute a waiver thereof. No modification or waiver by True Assist of any provision shall be deemed to have been made unless made in writing. Please feel free to contact us with any comments, questions, or suggestions you might have regarding the information described in the Site.