Terms of Use

Thank you for visiting InformedSenior.ca (“Website”). This website is operated for and on behalf of Nursing Home Ratings Inc.. (“NHR”). The terms and conditions that apply to your access to and use of this website and the information, products and services available through this website (collectively “Services”) are set forth below. By accessing this website (including extensions thereof), you accept and agree to comply with all of the terms and conditions hereof, which form a legally binding agreement between you and NHR (the “Terms of Use” or “User Agreement”). If you are advertising with us, you also accept and agree to comply with all of the terms and conditions set out in this User Agreement.

If you do not agree to the terms set out hereunder, please do not use this website. If you remain on this website, you agree to be bound by this User Agreement.

Service Professionals Profiles

Businesses that provide care, service, or sell products to seniors are allowed to post profiles about themselves and their business to this website. We do not review, certify or verify the information or representations set forth in those profiles, as they are self-reported.

Further, we make no guarantees or endorsements regarding the skills or the quality of the job that retirement homes and service professionals may perform for you if you hire them. We do not endorse or recommend the services of any particular service provider. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service provider, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed.

The service providers listed on this website are not employees or agents of NHR, nor is NHR an agent of the service providers. We do not perform, and are not responsible for, any of the services requested via your search of the listing of service providers (the “Directory”).

When you enter into a contract with any service provider, your rights are governed by the terms of that contract and by applicable federal, state, provincial and local laws. Should you have a dispute with any service provider, you must address the dispute with them directly.

This website contains materials, data and/or information generated, provided, posted or offered by third parties, including, without limitation, advertisements, messages, advice, tips, instructions, articles, guidelines, summaries, manuals, portfolios, job postings, catalogues, reviews, ratings, feedback, testimonials, recommendations, referrals and rebuttals. You agree that NHR shall have no liability whatsoever for any such third party material, data and/or information or any use, reproduction and/or distribution thereof and/or reliance thereon.

Without limitation to the generality of the foregoing, we do not screen, censor or verify the listings offered or otherwise made available on or through the website or provided in conjunction with the delivery of services. As a result, we have no control over the quality, safety or legality of the service provider listings posted, the truth or accuracy of the listings or the ability of anyone to meet or satisfy any claims and warranties made in listings, including, without limitation any licensing requirements, insurance coverage, certification, prior experience or general competence and capabilities.

In addition, there may be risks, including but not limited to risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through this website. You acknowledge and understand that you should undertake your own research, investigations, inquiries and due diligence with respect to any service provider.

Non-endorsement of Ratings & Reviews

All ratings and reviews of a retirement home, home care service, or other service professional or supplier of goods displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of NHR.

We disclaim any and all representations or warranties with regard to the ratings and reviews. Reviews and ratings do not reflect the views of NHR, its parent, subsidiary or affiliated companies; or its agents, employees, officers, directors, or shareholders. We do not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of this website or the third party materials contained therein.

Testimonials and Policy Ratings

Service users who employ the services of service provider listed in the Directory are encouraged to submit testimonials and ratings of their performance. Only those who have first-hand knowledge of the service provided (through direct contact, or that of a relative or friend) may submit a testimonial and a rating for any service provider.

We make no claim to verifying the authenticity or accuracy of any testimonial before it is published to this website and are not responsible for the contents of reviews posted to any service provider’s profile. We will not edit testimonials in any way other than to correct spelling mistakes and blatant grammatical errors but we may, in our discretion, remove testimonials that include foul or vulgar language, or persons’ names. We also reserve the right to add, change or remove reviews at any time.

A copy of your testimonial(s) may be sent to the service provider you have reviewed. The service provider or company may have the opportunity to post their rebuttal where an unfavorable testimonial is given.

Service users giving testimonials should be careful to ensure the accuracy of any statements made about their experience, as slander and libel laws are designed to protect people/companies from testimonial misuse.

A service user can post only one testimonial per service provider, although users can edit their testimonial upon further reflection. All changes will be subject to the same review process as new testimonials.

Service Providers and/or Suppliers of Services or Goods

As a service provider you understand that users are free to post content about you, your services and products (including, without limitation, testimonials, rankings and ratings) which may be freely accessed, viewed and downloaded by other users. We will not be liable for any such content, nor will we be under any obligation to remove such content even if such content could be damaging to your business reputation and goodwill or could reasonably be expected to otherwise adversely affect your business.

You acknowledge and understand that the purpose of this website is to provide an open forum for discussion and agree that we will not be required to provide any editorial comments, clarifications or notices or remove, redact or retract any content which may potentially be libelous, defamatory or slanderous unless a determination to that effect has been made by a competent court of law and notice of such determination has been provided to InformedSenior.ca. In the absence of such a determination, we shall not be liable for refusing or failing to remove any such content or post any retraction, editorial comments, clarification or notices with respect to such content.

You acknowledge and understand that this website provides you with the option of replying to any such comments and presenting your views or position in terms of any content that you believe to be inaccurate, false, incomplete, dated, improperly contextualized, misleading and/or defamatory and agree that we shall not be liable in any manner whatsoever if such features or functionality of this website or any service is not accessible, available, operational or operating in a reliable, timely and/or error free manner. You hereby waive any and all remedies you may have against us and our service providers, and hold each of them harmless with respect to any third party content which may be slanderous, libelous and/or defamatory that is posted on or accessible through this website or that is otherwise published, republished, communicated and/or distributed through any service.

You acknowledge and understand that use and/or implementation of some service providers may result in personal injuries and/or death and that any work should only be undertaken by competent and qualified persons. You further acknowledge and understand service provision may require additional information and knowledge than that provided on this website and that reliance on posted content alone with respect to any type of elderly care or any type of service provided to the elderly, disabled, or fully able shall be at your sole risk.

You acknowledge and understand that although you may register for this website for free, many services are reserved for paid members only

Payment of Fees

Membership fees will be charged to your credit card or debit card. We process all payments thru PayPal. You will be asked to provide credit card or PayPal account information when you register as an upgraded member or as a supplier member. Furthermore, for each membership (Service Provider) accepted into the Directory, there is a recurring renewal fee to maintain the listing in the Directory. Likewise, if you wish to upgrade your membership, or order services that generate a fee, you will be asked to provide credit card or PayPal account information. For your protection, we use a certified payment gateway and do not retain credit card information after completion of a transaction.

Each submission or order online for any Service for which a fee is charged is deemed to be an authorization to debit predetermined sums representing applicable statutory and service fees, charges, and applicable taxes from your credit card. You will be informed of the total charges and asked to confirm the transaction before it is charged to your credit card. You are responsible for all charges, fees and taxes incurred by you. Charges and fees will be at the rates published on this website from time to time plus all additional applicable taxes.

Before submitting any request for goods and/or services or otherwise completing an online order (including, without limitation any purchase, upgraded listing), please verify that you have correctly entered the information in the request and/or order. We cannot refund the cost of a Service if you have entered the request incorrectly. Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS.

If we are unable to collect the charges, fees and/or taxes from your credit card for any reason, you shall be directly responsible for the fees, charges and taxes plus any other charges (including costs of collection) which we may have incurred. You shall be responsible for notifying us of any incorrect charges within thirty (30) days of receiving a statement or receipt from us. After the thirty (30) day period, you shall forfeit any recourse to us for alleged errors in our charges. All fees displayed on or through this website are subject to change without notice at our sole discretion. Likewise, we reserve the right, at any time, to commence charging fees for Services which are presently offered for free and/or to increase any fees.

You acknowledge and agree that the rights provided to you under this User Agreement are personal to you and may not be shared with or transferred to anyone. Accordingly, you agree not to share your account (or any privileges derived from your account) with any third party.

Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. NHR ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE.

IN NO EVENT SHALL NHR OR ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES; SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS USER AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT THAT NHR IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, NHR’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

No Warranties

Any material on this website may include technical or other inaccuracies or typographical errors.

THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

NHR AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NO ADVICE OR INFORMATION GIVEN BY NHR, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER NHR NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER NHR NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS USER AGREEMENT, THIS SECTION SHALL GOVERN.

Your Use of InformedSenior.ca

This website is administered in the province of Ontario, Canada. To the extent you are not a resident of the province of Ontario (Canada), you are solely responsible for ensuring that use of this website and any services is lawful in and permitted by the laws of the jurisdiction in which you reside or are domiciled. Your right to access and use the website and Services is strictly conditional upon such access and use being lawful in your jurisdiction.

You understand that you have a role to play in ensuring the integrity of your user account and agree that you shall be responsible for protecting the confidentiality of your password(s) and other identification markers, if any.

You understand that you are solely responsible for ensuring that materials that you post on the website comply with all applicable laws and this User Agreement, regardless of whether such postings are public or private in nature.

Use of this website for spamming is strictly prohibited. By using this website, you agree not to use information concerning other users of this website, or any items such users have listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential acquisition or provision of a service. You may not post information directed to or collect personal information from any minor.

You understand and agree that you are personally liable for anything you communicate on the website, including without limitation, communication of defamatory, libelous, discriminatory, obscene, offensive, false, fraudulent, inappropriate, profane, threatening, harassing, abusive, illegal and/or unlawful information or the unauthorized communication of confidential or proprietary information (collectively, “Prohibited Content”). You shall not post any Prohibited Content on the website or use the website or any service to post, publish, republish, broadcast, distribute or otherwise communicate any Prohibited Content. Without limitation to the foregoing, when posting content you shall use your best efforts to ensure such content is truthful, accurate and complete and otherwise complies with the requirements of this User Agreement.

You understand and agree that you are personally responsible for complying with any applicable laws and respecting any third party rights, including, without limitation any proprietary rights and trade secrets.

You understand that by using this website you grant us and users of this website the non-exclusive right and license to display, copy, publish, republish, distribute, transmit, print and use such content and any information, idea or invention encompassed therein or extractible there from.

You understand that by using the website, you may be exposed to content that is offensive, indecent or objectionable. Opinions expressed on this Website are those of the authors. We accept no responsibility for the opinions, advice, statements and/or information posted on this website.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the website, any content and/or service, whether in whole or in part. You will not use the website or any service for any storage or archival purposes. Content posted or otherwise stored on the website may be removed and/or deleted at any time at our sole discretion and without any liability to you.

You hereby grant us a perpetual, irrevocable, royalty-free, transferable, non-exclusive, worldwide license (with a right to grant unlimited sublicenses) to use, modify, reproduce, publish, republish, broadcast, translate, create derivative works of, synchronize, create compilations of, incorporate into other works, import, adapt and commercially exploit in any medium (whether in existence now or in the future) any content you post or make available to this website in the course of your use of this website and/or its services (collectively, “Posted Content”). You hereby waive any and all moral rights you may have anywhere in the world in your Posted Content. You represent and warrant that you have all right, title and interest in your Posted Content and that the posting, reproduction, publication and communication of same on or through this website and/or through the services, does not infringe any third party rights or any applicable laws.

Indemnity

YOU AGREE TO INDEMNIFY NHR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THIS WEBSITE OR ITS SERVICES OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Trademarks

The InformedSenior.ca name and logo, the InformedSenior.ca media marks, and all other related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of NHR or its affiliates and may not be used in any manner without the prior written consent of Nursing Home Ratings Inc. or the relevant affiliate that owns any such mark(s). All other trademarks and service marks are trademarks of their respective owners.

Limitation of re-use

You agree not to reproduce, duplicate, copy, sell, resell or exploit, for any purpose whatsoever, whether commercial or non-commercial, any portion of the Services or content contained on this website and/or its subsidiary sites. Express written authorization must be obtained to use any content, graphic art, photos or files owned by or published by this website.

Changes to this User Agreement

We reserve the right to change any of the terms of this User Agreement, including, without limitation, any terms, policies or notices incorporated herein by reference, without prior notice. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes. You agree to visit this web page (or such other page accessible by clicking on the User Agreement link in the footer of this website) periodically to be aware of and review any such changes. Changes to this User Agreement will be effective upon posting. By continuing to use this website after changes are posted, you are deemed to be aware of the changes and agree to them.

Data Collection and Use

Any personally identifiable information provided by you in electronic communications to the website is governed by this website’s Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this User Agreement by reference.

Violation of this User Agreement

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this website, including our customers.

You acknowledge and agree that we may preserve and store any information or communication obtained through this website, and that we may disclose such data if required or permitted to do so by law or we determine that such disclosure is reasonably necessary to (1) comply with a legal process, (2) enforce this User Agreement, (3) respond to claims that any such data violates the rights of others, or (4) exchange information with other organizations for fraud protection purposes and (5) protect the rights, property or personal safety of NHR, its affiliates, users of or visitors to this website, and the public.

Without limiting any other portion of this User Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to this web site and/or block your future access to this website if we determine that you have violated the terms hereof or other agreements or guidelines which may be associated with your use of this website.

You also agree that any violation by you of this User Agreement will constitute an unlawful and unfair business practice which may cause irreparable harm to us, and for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

Termination of Account

We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any service (or any part thereof) without notice. Likewise, we reserve the right at any time to modify or discontinue, temporarily or permanently, the operation of the website (or any part thereof) without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service or of the website.

This User Agreement will remain in full force and effect until it is terminated. You may terminate this User Agreement at any time, for any reason or no reason by following the instructions on the “Cancel membership” page. When you cancel your membership you will not receive a refund for the service you signed up for, but there will be no more reoccurring renewal fee once we receive your membership cancellation request.

We may terminate this User Agreement at any time, for any reason, with or without explanation, effective upon sending written notice, by fax, email or post, to you. Upon termination of this User Agreement, your account will immediately cease to be operational and all licenses granted to you hereunder will immediately expire. You shall not be entitled to any refund for fees paid in respect of the use of this website and we shall not be in any other way or manner liable to you with respect to any prepaid services or with respect to termination generally. All licenses you have granted to us shall survive termination of this User Agreement. Likewise, all limitations and exclusions of liability, waivers and disclaimers provided hereunder shall survive termination of this User Agreement. Finally, your obligations regarding our confidential and/or proprietary information and/or materials, and your obligations to indemnify and hold us harmless shall also survive termination of this User Agreement.

Governing Law

Any disputes arising from or relating to the use of this website shall be governed by the laws of Ontario and the applicable federal laws of Canada. A determination by a court of competent jurisdiction that any part of this User Agreement is unenforceable shall not affect the validity of any other provision.

Questions

If you have any questions, please contact the User Agreement Administrator by email at admin@informedsenior.ca.