SOTER, LLC, SENIOR LIVING & FAMILY ADVOCATES
OUR SERVICES ARE OFFERED AT NO CHARGE TO FAMILIES AS THE PARTICIPATING COMMUNITIES PAY A FEE TO SOTER, LLC. Soter, LLC is a senior housing and care marketing and information service that provides resources and personalized assistance in finding senior housing and care. We help families find options based on a client’s stated needs and preferences and empower them to make informed decisions. This may include independent living, home care, residential care homes, assisted living, specialized memory care and skilled nursing. Based on the client's stated needs and preferences, we provide the family with information about contracted communities ("Participating Communities") and we forward the family's information to those Participating Communities. Families can review detailed information about local and national Participating Communities, and get personalized, knowledgeable assistance by telephone from a local Senior Living Advisor.
CONTENT OF PARTICIPATING COMMUNITIES
The individual Participating Community is responsible for the content of the information posted on its page or on the Site. The information does not represent our views or any individual associated with us. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Participating Community on the Site, 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 Community on the Site. By using the Site and/or Services, you assume all associated risks. The Participating Communities are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all residents, 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 Participating Community is responsible for the conditions at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a community.
NO professional advice, ENDORSEMENT, AFFILIATION
All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Soter, LLC expressly disclaims, and you expressly release Soter, LLC 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 Site and/or Services. We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Participating Community. We provide only an information service and do not perform any medical assessment of or for the consumer or the Participating Community. It is the responsibility solely of the Participating Community and the potential resident, and/or the potential resident's family and care provider(s) and/or other involved parties acting on the potential resident's behalf to determine if any person is an appropriate admission to the Participating Community. Soter, LLC does not broker, sell or lease space directly and is not a party to any transaction between the provider and the family.
TEXTING/AUTOMATIC TELEPHONE DIALING
You agree to be contacted by a Soter, LLC, senior living advisor and/or by our senior living associates to explore options at the telephone number you have provided. You agree we, our senior living partners and other partners may use texting, automatic telephone dialing systems and technology to contact you by call or text message at the telephone number provided, even if previously registered on a Do Not Call registry.
PRIVACY AND CONSENT TO COMMUNICATIONS
On certain portions of the Site, you will be provided with a password and user identification to use the Site. You must agree to abide by these Site Terms and are responsible for all activity under such user identification. You are responsible for maintaining the confidentiality and security of any password connected with your account.
The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Site and/or Services, and you agree not to do any of the following:
1. Using the Sites for commercial purposes.
2. Conducting or promoting any illegal activities while using the Site or Services.
3. Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Site, Soter, LLC’s computer and/or telecommunication systems or data.
All trademarks, service marks, and trade names are proprietary to Soter, LLC. All rights, title, and interests in and to the Site, including content, materials, trademarks and other intellectual property contained in the Site, vest solely in Soter, LLC. The Soter, LLC name, and any Soter, LLC products and services, slogans or logos referenced herein on the Site may be trademarks or registered trademarks of Soter, LLC, in the State of Florida and/or the United States and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
EXTERNAL WEB SITES
You should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Sites. We may run advertisements and promotions from third parties (including Participating Communities) on the Sites or may otherwise provide information about or links or referrals to third-party (including Participating Communities) products or services on the Site ("Third Party Products and Services"). We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk. Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.
If you author or co-author a Submission, you warrant that you will not post any materials that would (a) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising. If you use a "Public Area", such as the message board, or other community area that allows user posts, additional terms and conditions apply to you. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding Soter, LLC, the Site, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral submissions to Soter, LLC, or postings on the Site ("Submissions"), are non-confidential. We are entitled to the unrestricted use, dissemination, distribution, display, reproduction, sublicense, post, and/or publication of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and we will own the exclusive rights, including all intellectual property rights, to the Submissions. Additional terms and conditions may apply to you in your use of the "Public Area", the Eldercare Forum, message board, or other community area.
JURY TRIAL WAIVER
class actions and ARBITRATION CLAIMS
Subject to and without limiting the Governing Law and forum selection, you expressly agree that any claim or cause of action that arises from, relates to, or has connection with the Site and/or Services be adjudicated exclusively and finally by arbitration. The arbitration award shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except as required by applicable law, you knowingly, voluntarily, intelligently, and irrevocably waive any right to appeal from the arbitration award, including but not limited to any appeal from any judgment entered on the arbitration award or any order based thereupon.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice at Soter, LLC, 2197 Julian Avenue N.E., Palm Bay, FL 32905, that includes the following information. 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.
1. Exact identification of the copyrighted work you claim was infringed
2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
3. Your address, email address and telephone number.
4. A statement that you have a ''good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.''
5. A statement that ''the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed''
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send your notice by email to [email protected], or by using the contact information herein.
THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITE 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. SOTER, LLC, AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, SOTER, LLC IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY PARTICIPATING COMMUNITY OR OTHER HEALTH CARE AND/OR ANY OTHER SENIOR HOUSING AND CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM SOTER, LLC OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. SOTER, LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, SOTER, LLC DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL SOTER, LLC BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF SOTER, LLC.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOTER, LLC OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS "LIMITATION OF LIABILITY" SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
HOLD HARMLESS and termination
(EFFECTIVE APRIL, 2018)