These Terms of Use are entered into by and between you and Health Dimensions Group® (“Country Manor,” “we,” or “us”). Country Manor offers information regarding its senior living community and services via the website located at 900 W 46th Street, Davenport, IA 52806 (the “Website”). The following terms, together with the Privacy Policy which is incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of the Website.
“You” and similar terms mean you as an individual, as well as the business or entity on whose behalf you are using the Website, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity. Please read these Terms of Use carefully. By either: (i) accessing or using the Website, or (ii) clicking on the “I Agree,” “Submit,” or a similar button or checkbox when prompted, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Website.
Country Manor reserves the right to make changes to these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If you are dissatisfied with the Website or these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Website.
Please closely review the Limitations of Liability, Indemnification, and Governing Law; Class Action Waiver sections below as these terms affect your rights and remedies.
Subject to your compliance with these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable right to access and use the Website, solely and strictly in accordance with these Terms of Use. You understand and agree that the Website is provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Website under these Terms of Use.
We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict users’ access to some parts of the Website or the entire Website. Country Manor does not make any representations or guarantees regarding uptime or availability of the Website.
You are responsible for:
We may block, limit or terminate your access to the Website for any reason, including if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Website; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
You may need to provide certain registration details or other information to access the Website or some of the features it offers. It is a condition of your use of the Website that all the information you provide in connection with the Website is correct, current, and complete. You agree that all information you provide to Country Manor or our service providers is governed by our Privacy Policy, and you hereby expressly consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are responsible for keeping your account credentials secret and secure. If you suspect any unauthorized access or use of your account, you shall immediately change your password and inform Country Manor of the suspected unauthorized activity (contact information is below). We may change your account credentials, including your username and password, or terminate access to your account with us, at any time, in our sole discretion, including if we suspect any unauthorized or fraudulent activity relating to your account.
Your account credentials are personal to you. You are not authorized to allow any third party, including any person or entity on your behalf, to access any protected areas of the Website using the credentials assigned to you.
The Website is controlled and operated by Country Manor from its offices in the United States. Country Manor makes no representation that the information or materials on or linked through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.
You shall not use the Website for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Website; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website, in whole or in part; (iv) remove any proprietary notices from the Website; or (v) use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
In connection with the Website, you must not: (i) transmit, or otherwise make available through or in connection with the Website, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software, or routine that interferes with the Website; (iii) use the Website in an unlawful or fraudulent manner, including by at any time misrepresenting your identity or impersonating another person in any way; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (v) use any automatic device, process, or means to access the Website for any purpose, including monitoring or copying content or data on the Website; and (vi) otherwise attempt to interfere with the proper working of the Website.
We reserve the right to terminate access to the Website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
You acknowledge that, as between you and Country Manor, Country Manor owns all right, title, and interest, including all intellectual property rights, in and to the Website and, with respect to third-party content or works, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party content, trademarks, images, and related designs.
Country Manor names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Country Manor. All rights are reserved. You are not authorized to use any Country Manor name or mark in any advertisement, publicity, or in any other commercial manner without prior written consent of Country Manor. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Website is the property of their respective owners.
The entire contents and design of the Website is protected by U.S. and international copyright law. All rights regarding the Website and materials or information contained on the Website is either owned by Country Manor, are licensed to it, or are used with permission. Country Manor and its licensors, vendors, or other service providers retain and reserve all proprietary rights to the contents of the Website.
We may from time to time, in our sole discretion, develop and provide Website updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Country Manor strives for accuracy, to the extent it controls, processes, or displays the Website, in all community descriptions, accommodations, amenities, care services, photographs, images, pricing, links and any other community or services-related information contained herein or referenced in the Website. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs, images, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. A representative of Country Manor must confirm availability of any particular accommodation or service and provide you the details thereof. Country Manor reserves the right at any time and without notice to update information and to correct or remove errors, inaccuracies, or omissions.
We may make available the ability to pay for monthly fees, application fees, deposits, care services, or other invoices or fees issued by us using the Website (each payment, a “Transaction”). In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date, routing and/or bank account numbers, or similar payment information, and your billing address. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant Country Manor the right to allow our third party service providers and vendors to access, transmit, process, and store such information for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that Country Manor is not responsible or liable for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
The Website may allow you to upload, post, transmit, or share information, text, data, photographs, and other content (collectively, “User Content”). “User Content” includes any information or materials submitted in connection with a residency application or inquiry. In uploading, posting, transmitting, or sharing such User Content, you grant Country Manor and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download User Content, and post or forward User Content to others, for the purpose of providing you the Website or any other use described in our Privacy Policy. You represent and warrant that:
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Country Manor, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Country Manor is not responsible or liable to any third party for the content or accuracy of any User Content posted or transmitted by you or any other user of the Website.
The following content standards apply to any and all User Content and use of the Website. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Country Manor may, in its sole discretion, deny any application to post or display User Content. Country Manor may also change these standards at any time without notice.
Country Manor may offer the opportunity for you to receive informational and promotional SMS/text messages relating to our senior living community, services, events, and other updates. By providing your mobile phone number and opting in to receive text messages from Country Manor , you consent to receive recurring automated text messages at the phone number you provided. Message frequency may vary based on your interactions with us and the types of messages you have opted into.
Message and data rates may apply depending on your mobile carrier and plan. Country Manor is not responsible for any charges you may incur from your wireless carrier for text messaging services.
You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. Upon receipt of your STOP request, you will receive a one-time confirmation message confirming that you have been unsubscribed and will no longer receive text messages from Country Manor unless you opt in again.
For help or support regarding our text messaging program, reply HELP to any message or contact us at marketing@hdgi1.com or (563) 391-1111.
You acknowledge and agree that wireless carriers are not liable for delayed or undelivered messages. Delivery of text messages is subject to effective transmission by your wireless carrier and is outside of Country Manor’s control.
Your use of our SMS/text messaging services is also subject to our Privacy Policy, available at [insert Privacy Policy URL], which describes how we collect, use, and protect your personal information, including your mobile phone number. marketing@hdgi1.com
THE WEBSITE IS PROVIDED “AS IS” AND COUNTRY MANOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Country Manor SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Country Manor MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for the circumvention of any privacy settings or security measures contained in the Website.
IN NO EVENT WILL COUNTRY MANOR, ITS PARENT OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER Country Manor WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL Country Manor‘S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO Country Manor UNDER THESE TERMS IN THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS.
You agree to defend, indemnify and hold Country Manor, its parent and affiliate entities, and all of their owners, officers, directors, employees, contractors, operational partners, and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, your breach of these Terms of Use, or your violation of applicable laws, rules, or regulations.
These Terms of Use are governed by and construed in accordance with the internal laws of the state in which Country Manor is legally incorporated without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the state, in each case where Country Manor is physically headquartered. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
YOU ACKNOWLEDGE AND AGREE THAT EACH CLAIM IS PERSONAL TO YOU AND ANY CLAIM SHALL ONLY BE CONDUCTED BY YOU AS AN INDIVIDUAL AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION. YOU HEREBY AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION WITH RESPECT TO ANY CLAIMS.
The Website may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by Country Manor, but rather are exclusively controlled and operated by third parties (collectively, “Third-Party Sites”). Third-Party Sites include those sites used by our service providers or vendors to provide you certain services on our behalf. You may be transferred to a Third-Party Site even though it appears that you are still in the Website. These Third-Party Sites are subject to different terms and conditions and privacy policies. You agree that your use of Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions. Country Manor is not liable for your use of any Third-Party Site.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign your rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Country Manor regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
If you have questions or comments about these Terms of Use, please contact us at marketing@hdgi1.com.
