Terms of Service
1. The Member’s Acceptance of Terms
PLEASE READ THESE MEMBER TERMS OF SERVICE CAREFULLY.
The following Terms of Service (“TOS”) is a contract between the you (“the Member”) and SLS(“SLS”). It describes the services we will provide to the Member, how we will work together, and other aspects of our business relationship. By using the SLS Website and SMARTMarketing 2.0 portal or any products and services accessed through the SLS Website and SMARTMarketing 2.0 portal, the Member agree to be bound by, and to comply with these TOS which constitute a legal agreement that governs the Member’s use of the SLS website and SMARTMarketing 2.0 portal (collectively referred to as the “Service”). The Member should print or otherwise save a copy of these TOS for the Member’s records. SLS may update or change these TOS from time to time and recommends that the Member review the TOS on a regular basis. The Member understands and agrees that the Member’s continued use of the Service after the TOS has changed constitutes the Member’s acceptance of the TOS as revised.
2. Description of the Service
SLS is an online resource, service and marketing portal designed for senior living operators and communities. Service includes basic and premium turn-key marketing campaigns ready for customization, operating and sales tools, documents, trainings, and webinars.
3. Free Trial
The Member may use the Service free of charge for 30 days. The Member will be asked for credit card info, but the Member’s card won’t be charged until the end of the Member’s free-trial or upon the Member’s cancellation. The Member will be responsible for additional purchased services during the Member’s free trial (printing costs, paid downloads, charges from 3rd party providers etc.)
If the Member would like to continue using the Service after the trial period, the Member may purchase an annual membership at the rate(s) set forth on SLS website. The Member acknowledge that upon commencement of the annual Membership period and in conjunction with the Member’s payment of SLS fee for the Service, the Member has purchased the Service for 12 months. The Member’s annual Membership fee will not be prorated or refunded in any way. If the Member cancels the Member’s Account before the end of the term, SLS will continue to provide the Service to the Member until the end of the term and then terminate the Member’s access to the Service without charging the Member a renewal fee. Membership renewal is automatic unless Member notifies SLS before the end of the annual Membership term. SLS reserves the right to change the price of the Service at any time, but the Member’s Membership fee will not be increased until the next renewal date. The Member agree that SLS, in its sole discretion and for any or no reason, may terminate or suspend The Member’s account. The Member agrees that any termination of the Member’s access to the Service may be without prior notice, and the Member agree that SLS will not be liable to the Member or any third party for such termination.
Each Membership is per Community. The Member may share the Member’s log-in details or password with Community associates only. The Member may not share or transfer the Member’s subscription to others outside of the Member’s Community. if the Member does this, or breach any of these Terms SLS reserves the right to suspend or terminate the Membership without further obligation to the Member.
SLS offers no terms, conditions, prices, products, or other outcomes are guaranteed. SLS does not interpret, prepare, manage, etc. any Private Agreements. SLS has no liability to Member for any Partner’s performance. Members are solely responsible for deciding whether and how much to purchase through SLS’s Services.
5. Changing the Service
SLS reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to the Member. Without limiting the foregoing, SLS may provide notice of any such changes to the Service by posting them on its websites and/or via the Service. The Member agree that SLS shall not be liable to the Member or any third party for any modification or cessation of the Service. The Member acknowledge that SLS has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future.
6. The Member’s Account
To sign-in and activate the Service, the Member must set up a SLS Account. This SLS Account will be used to set up the Service for the Member, and may also be referred to as the Member’s “Account”. The Member is responsible for all activity that takes place on the Member’s Account. Please choose a strong password for the Member’s account and do not reveal the Member’s password to others. The Member agree that the Member are responsible for keeping the Member’s password confidential and secure, and further understand that the Member are solely responsible and liable for any activities that occur through the Member’s Account.
7. Relationship of Parties
The Member acknowledge and agree that the Member and SLS are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
8. No Resale of Service
The Member agrees that the they will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
9. Registration and Privacy
Portions of the Service require the Member to register and provide certain data. In consideration of SLS’s permission to use and access such portions of the Service, the Member represents and warrants that: (a) the information the Member providse is true, accurate, current, and complete (b) the Member will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Member provide any information that is untrue, inaccurate, not current or incomplete, or SLS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SLS has the right to suspend or terminate the Member’s current or future use of the Service.
11. Content and The Member’s Conduct
Content “Content” means any information that may be created or transmitted through use of the Service. The Member understand that all Content is the sole responsibility of the person from whom such Content originated. This means that the Member, and not SLS, are solely responsible for any Content the Member uploads, transmits, stores or otherwise make available through the Member’s use of the Service. SLS does not control the Content transmitted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. The Member understands and agrees that their use of the Service and any Content is solely at the Member’s own risk.
12. The Member’s Conduct
The Member agrees that the Member will NOT use the Service to:
a. Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
b. Upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service, or any other computer software or hardware;
c. Interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service;
d. Engage in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003.
13. Access to The Member’s Account and Content
The Member acknowledge and agree that SLS may access, use, preserve and/or disclose the Member’s account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of SLS, its users or the public as required or permitted by law. The Member understands that in order to provide the Service, SLS may transmit the Member’s Content across various public networks, in various media, and modify or change the Member’s Content to comply with technical requirements of connecting networks or devices. The Member hereby authorize SLS to take any such actions.
14. Trademark Information
SLS, the SLS logo and other SLS trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of SLS in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. The Member are granted no right or license in any of the aforesaid trademarks, and further agree that the Member shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
15. SLS’s Proprietary Rights
The Member acknowledge and agree that SLS and/or its licensors own all legal right, title and interest in and to the Service, and any software provided by SLS as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. The Member further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
16. License From SLS
SLS grants the Member a personal, non-exclusive, non-transferable, limited license to use the Software as provided to the Member by SLS through the Service and in accordance with these TOS; provided that the Member do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
Termination by The Member
The Member may terminate the Member’s account and/or stop using the Service at any time.
Termination by SLS
SLS may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of the Member’s Account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by the Member to cancel or terminate the Member’s Account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to the Member is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) the Member’s participation in fraudulent or illegal activities. Any such termination or suspension shall be made by SLS in its sole discretion, and SLS will not be responsible to the Member or any third party for any damages that may result or arise out of such termination or suspension of the Member’s account and/or access to the Service.
18. Links and Third Party Materials
The Member may not link to this Website without SLS’s written permission. If the Member is interested in linking to this Website, please contact [email protected].
The Member further acknowledge and agree that SLS shall not be responsible or liable in any way for any damages the Member incur or allege to have incurred, either directly or indirectly, as a result of the Member’s use and/or reliance upon any such sites or resources. SLS offers no terms, conditions, prices, products, or other outcomes are guaranteed. SLS has no liability to Member for any Marketplace Partners’ performance. Members are solely responsible for deciding whether and how much to purchase through the Service.
19. Third Party Intellectual Property Rights
Certain Content available through the Service may be owned by third parties and protected by copyright and/or other intellectual property laws. SLS does not have the right to authorize the Member to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such third-party Content. Where Content is provided from sites outside the Service, all of the Content contained on such sites is owned by entities other than SLS. If the Member intends to make use of any third-party Content accessed through the Service for any purpose, the Member must contact the owner of the Content for permission to use it, not including variable templates.
20. Professional Information
The Service makes available certain information provided by third parties related to various professional fields. The Service does not give advice in any such fields and does not endorse the information provided in this manner.
21. Disclaimer of Warranties; Limitation of Damages
SLS seeks to ensure that all content and information published as part of the Service is current and accurate. The information at SLS does not in any way constitute legal or professional advice and SLS cannot be held liable for actions arising from its use. In addition, SLS cannot be held responsible for the contents of any externally linked pages.
THE MEMBER EXPRESSLY UNDERSTANDS AND AGREEs THAT THE MEMBER’S USE OF THE SERVICE IS AT THE MEMBER’S SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLS DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET THE MEMBER’S REQUIREMENTS; (II) THE MEMBER’S USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; AND (III) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO THE MEMBER AS PART OF THE SERVICE WILL BE CORRECTED.
ANY CONTENT TRANSMITTED, STORED, OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE SO AT THE MEMBER’S OWN DISCRETION AND RISK, AND THE MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE. THE MEMBER FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM SLS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SLS HAS NO OBLIGATION TO PROVIDE ANY TECHNICAL SUPPORT UNDER THE TOS. TO THE FULLEST EXTENT PERMITTED BY THE LAW, SLS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SLS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SUPPLEMENTAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE. SLS’S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT, IF ANY, THE MEMBER HAS PAID TO SLS FOR ACCESS TO OR USE OF THE SLS WEBSITE AND SMARTSTORE.
SLS may provide the Member with notices regarding the Service, including changes to these TOS, by email, regular mail, or by postings on its website and/or the Service.
23. Governing Law
Any litigation or other dispute resolution between the Member and SLS arising out of or relating to these TOS or the Member’s use of the Service will take place in the state or federal courts sitting within the Commonwealth of Massachusetts, and the Member and SLS hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts therein with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, excluding its conflict of laws rules.
24. The Member’s acceptance of these terms
By using this Site, the Member signify the Member’s acceptance of this policy. If the Member do not agree to this policy, please do not use our Site. The Member’s continued use of the Site following the posting of changes to this policy will be deemed the Member’s acceptance of those changes.