We Know A Place, Inc. Terms of Use

By using the WeKnowAPlace.com website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer or Site visitor, "we", us" and "our" refer to WeKnowAPlace.com, LLC. and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you.

YOU AGREE THAT BY USING THIS SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to We Know A Place's Privacy Policy and Full Disclaimer, each of which is incorporated herein by reference.

WeKnowAPlace.com provides an online senior care placement service that gives visitors a general understanding of the elder care assisted living industry. To that extent, the Site includes general information on commonly encountered senior housing and assisted living issues. We Know A Place's Services also include a review of your answers for completeness, spelling and grammar, and for internal consistency of names, addresses and the like. At no time do we review your answers to any of our questionnaires for legal sufficiency, medical interpretation, or financial advice or accuracy. We Know A Place and its Services are not substitutes for the advice of an attorney, medical doctor, or certified financial planner. Although some of these topics may come up in phone interviews our primary Services focus on finding the best Senior Care Placement options for your loved one. We Know A Place is not responsible for decisions you make on your loved ones behalf.

We Know A Place strives to keep its documents and information accurate, current and up-to-date. However, because the elder care industry changes rapidly, We Know A Place cannot guarantee that all of the information on the Site is completely current. Geriatric Care and Senior Housing is different from region to region, and may be subject to interpretation by different States and Counties. Assisted Living and Senior Care is a personal/family matter, and no general information or referral tool like the kind We Know A Place provides can fit every circumstance. Furthermore, the information contained on the Site is not legal advice, medical advice, or financial advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal, medical or financial advice for your specific situation, or if your specific situation is too complex to be addressed by our services, you should consult a licensed attorney, medical doctor, or financial planner in your area.

Our Services
We Know A Place helps families evaluate the type of care and services needed by a senior individual including an assessment of issues such as care requirements, desired price level, and amenity preferences. Once we understand the individual's and/or family’s needs and preferences, we help to identify the senior care providers in our participant group that could potentially meet those needs and preferences. The names of those providers are shared with the individual and/or family member. We also forward the individual's name and pertinent information to the provider(s) along with a request that the provider contact such individual.

Our Senior Service Partners
Any care provider that offers housing and/or supportive services to the elderly and/or disabled individuals of the nature referenced on this Site (including Alzheimer's care facilities, assisted living facilities, home care facilities, nursing home facilities, residential care facilities, retirement facilities, adult day care facilities, senior apartment facilities or hospice facilities), is eligible to be included on our website provided that such provider (1) represents to us that they are licensed, and will at all times remain licensed, by the State of California (unless their particular service does not a require licensure), and (2) has entered into an agreement with us and paid a fee, or agreed to pay a fee in the future in certain circumstances, for being included in our product and services offerings. We impose no requirements on our partner providers as to the manner in which they deliver services to residents. Each provider included in our service has agreed to charge our clients in the same way they charge other clients for the same care level. If any fees are not paid by participating partners they run the risk of being dismissed from our referral network.

No Endorsement; No Affiliation
Due to the complicated and constantly changing healthcare delivery landscape, we exercise no independent judgment as to the quality of the provider(s), nor do we endorse or any provider(s). We do not provide specific advice regarding which provider(s) you should use and you should only make decisions regarding service providers after consulting with them, your family members and other knowledgeable sources, based on your specific needs, after a thorough review and investigation. We believe and are committed to educating family members on how to assess quality care so that they can make good decisions today and every day after a loved one is placed with a provider. We Know A Place is not owned or affiliated or related in any way with any of the providers listed on our Site, except through the fee the provider pays us to be included.

No Professional Advice
The information contained in this Site may include content that relates to medical, legal, financial or other professional matters. It is provided for informational, educational and discussion purposes only and should not be used, interpreted, or relied upon as professional medical advice, diagnosis or treatment; legal; financial or professional advice; or advice regarding which service providers you should use. You should consult with a medical doctor, attorney, financial or other professional if you need assistance with matters that fall into their area of expertise.

1. Privacy Policy. We Know A Place respects your privacy and permits you to control the treatment of your personal information. A complete statement of We Know A Place's current Privacy Policy can be found under our privacy policy section of this website. We Know A Place's Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for the maintaining of the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify We Know A Place immediately of any unauthorized use of your account, user name or password. We Know A Place shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by We Know A Place, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

In connection with the use of certain We Know A Place products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant We Know A Place a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate We Know A Place's rights at any time by removing your personal information from the applicable service.

2. Ownership. This Site is owned and operated by We Know A Place, LLC. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by We Know A Place or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by We Know A Place, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of We Know A Place's intellectual property rights, whether by estoppel, implication or otherwise. We Know A Place does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by We Know A Place. Any rights not expressly granted herein are reserved by We Know A Place.

3. Limited Permission to Download. We Know A Place hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than We Know A Place (each a "Third Party Site"). We Know A Place works with a number of partners and affiliates whose sites are linked with We Know A Place. We Know A Place is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. We Know A Place makes no guarantees about the content or quality of the products or services provided by such sites. We Know A Place is not responsible for webcasting or any other form of transmission received from any Third Party Site. We Know A Place is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by We Know A Place of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that We Know A Place is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of We Know A Place Forms. On our Site and through certain partners, we offer for sale and also free self-help "fill in the blank" forms. If you buy a form from one of our partners, you will be directed to that partner's website and their terms of use will control. If you use a form on our Site, the terms and conditions of these Terms of Use control. You understand that your purchase and use of a form document is neither legal advice, medical advice or financial advice but is provided to help you with your decision making process.

We Know A Place grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal or internal business us. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

Resale of Forms Prohibited:

By using our Forms, you agree that the Forms you purchase may only be used by you for your personal or business use or used by you in connection with your aging loved one and may not be sold or redistributed without the express written consent of WeKnowAPlace.com.

6. Reviews, Comments, Communications, And Other Content. At various locations on the Site, We Know A Place may permit visitors to post reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of We Know A Place:

WeKnowAPlace.com is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that We Know A Place members may choose to post and distribute as User Content. We Know A Place does not screen works before they are posted, and no prior approval is required for posting. We Know A Place disclaims all copyright and ownership in such works and all responsibility for them.

Although we cannot make an absolute guarantee of system security, We Know A Place takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact our customer support department.

If We Know a Place's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, We Know A Place reserves the right to delete those files or to stop those processes. If the We Know A Place technical staff suspects a user name is being used by someone who is not authorized by the proper user, We Know A Place may temporarily disable that user's access in order to preserve system security. In all such cases, We Know A Place will contact the member as soon as feasible.

We Know A Place has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.

We Know A Place reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of We Know A Place Users or Other Posters of User Content:

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any We Know A Place service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for obtaining the copyright holder's permission first.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to We Know A Place to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.

The use of your We Know A Place user account or posting User Content for any illegal activity under the laws of California and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside We Know A Place's locality or your own residence. We Know A Place is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and We Know A Place cannot guarantee that you won't run into legal trouble in other jurisdictions over your posting.

Your Rights and Responsibilities as a We Know A Place User and Reader of User Content:

Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact We Know A Place via E-MAIL as soon as possible.

7. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE KNOW A PLACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE KNOW A PLACE MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE KNOW A PLACE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

8. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE KNOW A PLACE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF WE KNOW A PLACE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Indemnification. You agree to defend, indemnify and hold harmless We Know A Place, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

10. Unsolicited Submissions. Except as may be required in connection with your use of We Know A Place Services, We Know A Place does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to We Know A Place through or in association with this Site shall be considered non-confidential and We Know A Place's property. By providing such submissions to We Know A Place you hereby assign to We Know A Place, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. We Know A Place shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

11. Compliance with Intellectual Property Laws. When accessing WeKnowAPlace.com, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your We Know A Place user account.

We Know A Place has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of We Know A Place or of a third party or that violate intellectual property rights generally. We Know A Place's policy is to remove such infringing content or materials and investigate such allegations immediately.

If you believe that your copyright has been infringed, and you would like We Know A Place to remove the material in question, please contact us via e-mail or by mail. Please send physical mail to 14111 Freeway Drive Ste. 300 Santa Fe Springs, CA 90670 Att: Legal Department.

12. Inappropriate Content. When accessing the Site or using We Know A Place's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We Know A Place reserves the right to terminate or delete such material from its servers. We Know A Place will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

13. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

14. Personal Use. The site is made available for your personal use on your own behalf.

15. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us. A minor is any child under the age of 18.

16. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in California, and in the County of Los Angeles. You and We Know A Place agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

17. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2010, We Know A Place.com, LLC. ALL RIGHTS RESERVED.

18. Trademarks. We Know A Place, WeKnowAPlace.com, the "house with heart and magnifying glass" logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of We Know A Place. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

19. Inquiries. BY USING WEKNOWAPLACES.COM’S SERVICES OR ACCESSING THE WEKNOWAPLACE SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO WE KNOW A PLACE VIA THE WE KNOW A PLACE WEB SITE CONSTITUTES AN INQUIRY TO WE KNOW A PLACE, AND THAT WE KNOW A PLACE MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

20. Acknowledgement. BY USING WE KNOW A PLACE'S SERVICES OR ACCESSING THE WE KNOW A PLACE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.