Argentum Logo_RGB2 Terms of Use CREATE AN ACCOUNT LOGIN MENU Terms of Use Argentum Terms & Conditions of Use Access to the Argentum (“Argentum”) website (“Site”) is provided to you subject to the following terms and conditions which may be updated by the Argentum from time to time (“Terms and Conditions”). In addition, use of certain areas of the Site is subject to additional conditions or rules applicable to such areas and those conditions or rules are hereby incorporated by reference. The Terms and Conditions are a legally enforceable agreement with respect to your use of the Site, subject to Argentum’s right to make modifications at any time as described below. By using this Site, you accept and agree to be bound by each of these Terms and Conditions. If you do not agree to each of these Terms and Conditions, you should not use this Site and exit immediately. 1. Purpose of Site The Argentum maintains this Site as a source of information about the senior living industry for those who choose to access this Site (“users”). 2. Right to Change or Modify Terms The Argentum reserves the right, at its sole discretion, at any time, to change the Terms and Conditions. You should review this agreement periodically for any changes to the Terms and Conditions which shall be effective upon posting. By using the Site after changes to the Terms and Conditions have been posted, you agree to accept the changes and abide by them whether or not you have reviewed them. 3. Registration You can browse the Site or you may choose to register to take advantage of additional services, such as the Argentum Career Center, or to download or purchase Argentum toolkits or informational and educational Argentum reports. If you register or participate in any feature on the Site or purchase materials from the Site, you agree to provide current, complete and accurate registration and/or purchaser information and data. The Argentum reserves the right to suspend or terminate your use of the Site and/or any feature of the Site, in the event that you provide any information that is inaccurate, not current or incomplete, or the Argentum has reasonable grounds to suspect that such information is inaccurate, not current or incomplete. 4. User Conduct The Site may contain bulletin board, discussion groups, chat rooms, or other message, third party content or communication facilities (collectively “Forums”). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following: a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others. b. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. c. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary components. d. Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. e. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded. f. Falsify the origin or source of software or other material contained in a file that is uploaded. The Argentum reserves the right to terminate your access to the Site or any feature of the Site, at any time in our sole discretion, with or without notice, if we believe that your conduct fails to conform with the Terms and Conditions, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Site or any of its services. 5. Use of Site Content The Site contains information and publications, including, but not limited to, an Argentum member directory, senior living community listings, career or employment listings/opportunities, Argentum toolkits, Argentum reports, research, text, graphics, software, and other content (the “Site Content”). The Site Content is protected under the copyright laws of the United States and of other countries. Unless indicated otherwise on the Site Content, you must contact us for permission for any reproduction, modification, or distribution of such Site Content. Some Site Content may have been submitted by third parties, and may be subject to more specific restrictions, as indicated on such Site Content. 6. Contributed Content The Argentum does not claim ownership of content you submit or make available (“Contributed Content”) for inclusion in the Site, its services and Forums. However, with respect to original Contributed Content for inclusion in the Site, its services and Forums, you grant the Argentum a perpetual, royalty-free, world-wide license to use, distribute, reproduce, make derivative works, edit, publish, translate, publicly perform and publicly display such Contributed Content (in whole or in part) and to incorporate such Contributed Content into other works in any format or medium now known or later developed. If you contribute content that does not constitute your original work of authorship as defined under U.S. Copyright Law, but a third party holds the copyright and other proprietary rights to such content, you represent and warrant to Argentum that your work does not infringe on any third party’s copyright or other proprietary rights and that you have secured all necessary permissions and licenses prior to contributing such content to the Site, its services and Forums. You further warrant that you shall defend, indemnify and hold harmless the Argentum, its officers, directors, employees, volunteers and authorized agents from and against any third party claim for copyright infringement or a violation of proprietary rights arising out of or related to your use of such third party content. 7. Public Forums All Forums are public and not private communications. Chats, postings, conferences, e-mails and other communications by other users are not endorsed by the Argentum and such communications shall not be considered reviewed, screened, or approved by the Argentum. The Argentum reserves the right for any reason to remove without notice any Contributed Content. 8. Copyright Notice If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, please advise us at once. 9. Trademarks and Logos “Argentum”, “Assisted Living Facility Association of America, d/b/a Argentum”, “Argentum”, “Argentum logo”, “Argentum Industry Partner”, “Argentum State Affiliate”, “Argentum Member” and “Argentum Political Action Committee” are all trade or service marks of Argentum. Argentum trade or service marks may not be used or associated with any product, service, event or link without the prior written consent of an authorized representative of Argentum. Requests for permission to use Argentum’s trade or service marks should be addressed to Nathan Nickens at 703-562-1181 or nnickens@Argentum.org. The terms and conditions of approved use of any of the Argentum trade or service mark are governed by the Argentum Logo Standards described in the “About Argentum” section of this website. 10. DISCLAIMER OF WARRANTIES THE SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” Argentum DOES NOT WARRANT THE AVAILABILITY OF THE SITE NOR THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE SITE CONTENT OR ANY MATERIAL, DATA, INFORMATION, PUBLICATIONS, OR DOCUMENTS PROVIDED IN OR THROUGH THE “SENIOR LIVING COMMUNITY DIRECTORY”, THE “Argentum CAREER CENTER” OR “Argentum TOOLKIT” FEATURES OF THE WEBSITE, AND DOES NOT WARRANT THAT THE SITE OPERATES ERROR-FREE, NOR THAT DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED OR THAT THE SITE IS COMPLETELY SECURE. Argentum EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, IMPLIED, EXPRESS OR STATUTORY WARRANTIES AS TO NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THIRD PARTY RIGHTS, TITLE, LATENT DEFECTS, UNINTERRUPTED SERVICE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES. 11. Disclaimer of Liability IN NO EVENT WILL Argentum, ITS OFFICERS, DIRECTORS, EMPLOYEES OR VOLUNTEERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, MORAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OPPORTUNITIES OR INFORMATION OR FOR EXPENSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Argentum WEBSITE OR ANY OF ITS COMPONENTS, INCLUDING, BUT NOT LIMITED TO, ITS SERVICES, PUBLICATIONS, DIRECTORIES, CAREER CENTER, TOOLKITS, FORUMS, OR ANY OTHER WRITTEN CONTENT, EVEN IF Argentum IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. 12. No Endorsements Argentum does NOT in any manner endorse, certify, refer or recommend commercial products, services or processes. The Site may contain links to third party websites. The linked sites are not under the control of the Argentum, and the Argentum is not responsible for the contents of any linked site or any link contained in a linked site. The appearance on the Site of the name or logo of another entity, or the appearance of a link to another entity’s site, does NOT indicate endorsement, recommendation or referral by Argentum of the other entity or its products or services, and the Argentum expressly disclaims any such endorsement, recommendation or referral. 13. No Technical or Professional Advice The content of this Site, including, but not limited to, the “Senior Living Community Directory”, “Argentum Career Center”, and “Argentum Toolkits” features, is for informational purposes only. Argentum urges you to consult with a qualified professional or expert for specific answers to questions you may have based on a full disclosure and understanding of all of the relevant circumstances. The Argentum does not warrant or assume any legal liability or responsibility for the accuracy, completeness or usefulness of any services, products, information, publications or materials provided or made available on this Site. 14. Privacy Please see our Privacy Policy which governs the use of information provided by you on this Site. 15. Governing Law and Choice of Jurisdiction This agreement and the Terms and Conditions will be interpreted and enforced in accordance with the laws of the Commonwealth of Virginia. You agree to the exclusive jurisdiction of the Courts of the Commonwealth of Virginia. 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