Terms & Conditions

Effective Date: November 22, 2024

Last updated: May 25, 2023

Welcome to Seniors Rising. These Terms and Conditions govern your use of our website and services (collectively, the “Service”). By accessing or using the Service, you agree to comply with these Terms. If you do not agree to these Terms, you must discontinue use immediately.

Introduction and Acceptance
Interpretation and Definitions
Access and Use of the Service
Prohibited Activities
Ownership and Intellectual Property
Health and Safety Disclaimer
Third-Party Services and Links
Termination
Limitation of Liability
Governing Law
Dispute Resolution
International Users
United States Legal Compliance
California Users
Severability and Waiver
Changes to These Terms and Conditions
Contact Us

1. Introduction and Acceptance

These Terms and Conditions constitute a legally binding agreement between Seniors Rising, LLC. (referred to as the “Company,” “We,” “Us,” or “Our”) and You. By accessing or using the Service, You acknowledge that You have read, understood, and agreed to these Terms, as well as Our Privacy Policy, which outlines how We collect, use, and protect Your personal information.

You are at least 18 years old or the legal age of majority in Your jurisdiction.
You have the legal capacity to agree to these Terms.
You will use the Service in compliance with all applicable laws.

The Company reserves the right to modify these Terms at its sole discretion. If We make material changes, We will provide notice by posting the updated Terms prominently on the Website at least 30 days before the changes take effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use the Service after the changes become effective, You agree to be bound by the revised Terms. If You do not agree to the updated Terms, You must stop using the Service immediately.

2. Interpretation and Definitions

2.1 Interpretation

Words with capitalized initial letters have specific meanings defined in this section. These definitions shall apply regardless of whether the terms appear in singular or plural form.

2.2 Definitions

Affiliate: Any entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Content: All text, graphics, images, videos, logos, software, code, designs, or other materials made available through the Service.
Device: Any electronic device, such as a computer, smartphone, or tablet, that can access the Service.
Personal Information: Information that identifies, relates to, describes, or could reasonably be linked to an individual user, as outlined in Our Privacy Policy.
Service: The website, its content, and any related features or functionality provided by Seniors Rising.
Telehealth/Teledentistry Solutions: Remote healthcare or dental services described on the Website, which may involve HIPAA-compliant software, hardware, or partnerships with senior living providers.
Terms: These Terms and Conditions, which constitute a legally binding agreement between You and the Company.
Third-Party Services: External websites, services, or tools linked to or integrated with the Service but not owned or controlled by the Company.
User (or “You”): Any individual, organization, or entity accessing or using the Service, whether for informational purposes, as a potential partner, or in any other capacity.
Website: The online platform accessible at www.seniorsrisinghomes.org/contact, operated by the Company.

3. Access and Use of the Service

You are granted a non-exclusive, non-transferable, and limited license to access and use the Service for lawful purposes. The Service is intended primarily for businesses and organizations exploring partnerships related to senior living facilities. However, individuals, healthcare providers, vendors, donors, and other third parties seeking information about the Company’s services or mission are also welcome to use the Service.

Responsibilities and Disclaimers:

All users agree not to use the Service for any unlawful or unauthorized purposes, including hacking, fraud, misrepresentation, or data scraping.
If You are a third party (such as a healthcare provider, vendor, or donor) and wish to engage with the Company or its services, You acknowledge that any subsequent agreements, communications, or transactions will be governed by separate terms and conditions or contracts as applicable.
The Company is not liable for any decisions made by third parties based on the information provided on the Website. Third parties are responsible for ensuring that the Service meets their specific needs before taking action based on the content provided.

4. Prohibited Activities

You agree to use the Service only for lawful purposes and in a manner consistent with these Terms and applicable laws. You are expressly prohibited from engaging in any activities that could harm the Company, its users, or the integrity of the Service. Specifically, You shall not:

Use the Service to commit fraud, misrepresentation, or any other form of illegal activity, including but not limited to phishing, spamming, or identity theft.
Attempt to gain unauthorized access to the Service, its servers, or any other systems or networks connected to the Service, including through hacking, password mining, or other illicit means.
Post, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, hateful, or otherwise objectionable as determined by the Company in its sole discretion.
Engage in any activity that could disrupt, damage, or impair the functionality or security of the Service, including the transmission of viruses, malware, or other harmful code.
Exploit the Service for commercial purposes without the express written consent of the Company, including any unauthorized advertisements, promotions, or solicitations.
Scrape, harvest, or otherwise collect information or data from the Service or its users without proper authorization.
Impersonate any individual or entity, misrepresent Your affiliation with a person or entity, or otherwise engage in fraudulent behavior while using the Service.
Use automated tools, bots, or scripts to access, manipulate, or disrupt the Service in any way.
Copy, reproduce, or create derivative works of the Service or its Content without the express written permission of the Company.
Violate any local, state, national, or international laws, regulations, or rules applicable to Your use of the Service.
Misuse any information, tools, or descriptions related to telehealth or teledentistry services described on the Website.

Any violation of these provisions constitutes a material breach of these Terms and may result in the immediate suspension or termination of Your access to the Service. The Company also reserves the right to pursue all available legal remedies, including seeking injunctive relief or damages, in the event of a breach.

5. Ownership and Intellectual Property

The Service and all content, features, and functionality included on or made available through the Service—including but not limited to text, graphics, images, logos, software, code, designs, videos, and other materials (collectively, the “Content”)—are the exclusive property of Seniors Rising or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its Content for informational purposes related to senior living facilities and associated telehealth services. This license does not grant You any ownership rights in the Content, and all rights not expressly granted to You are reserved by the Company or its licensors.

5.1 Restrictions on Use

Unless explicitly authorized in writing by the Company, You agree not to:

Reproduce, modify, distribute, display, or create derivative works of the Content;
Use the Content for any commercial purposes, including resale or redistribution;
Remove or alter any copyright, trademark, or other proprietary notices contained in or associated with the Content;
Reverse engineer, decompile, or disassemble any software or technology associated with the Service;
Repurpose telehealth-related tools, descriptions, or resources for unauthorized use; or
Use the Company’s trademarks, logos, or branding without prior written consent.

5.2 User-Submitted Content

By submitting reviews, testimonials, comments, or other feedback (“User Content”) to the Service, you acknowledge and agree that:

Review and Approval: All User Content is subject to review and approval by our administrators to ensure it complies with our guidelines and applicable laws. Submission does not guarantee publication on the Service.
License Grant: You grant the Company a non-exclusive, perpetual, royalty-free, transferable, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for purposes related to the operation, promotion, or improvement of the Service.
Ownership: You retain ownership of the intellectual property rights in your User Content, subject to the license granted to the Company.
Prohibited Content: You agree not to submit any content that is unlawful, harmful, defamatory, obscene, infringing on intellectual property rights, or otherwise objectionable.
Company Rights: The Company reserves the right to remove or modify User Content at its sole discretion if it violates these Terms or is otherwise deemed inappropriate.

5.3 Trademarks

All trademarks, service marks, trade names, logos, and other branding elements displayed on the Service, including those of the Company, are the exclusive property of the Company or its licensors. Any use, reproduction, or distribution of such marks without the Company’s prior written consent is strictly prohibited. Third-party trademarks, service marks, and trade names appearing on the Service are the property of their respective owners, and any use thereof requires the prior authorization of the applicable rights holder.

5.4 Enforcement

The Company reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including by pursuing legal action for unauthorized use of the Content, trademarks, or other proprietary materials.

6. Health and Safety Disclaimer

The information provided on this website is for informational purposes only and is not intended to provide professional healthcare advice, diagnosis, or treatment. Seniors Rising partners with senior living providers to integrate telehealth and teledentistry solutions. However, the services described are not intended to replace personalized medical advice or care. Please consult appropriate professionals for specific healthcare or operational decisions. The Company is not responsible for any decisions made based on the information presented on this website.

7. Third-Party Services and Links

The Service may include links to third-party websites, services, or tools (“Third-Party Services”) that are not owned or controlled by the Company. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by the Company. You acknowledge and agree that:

No Control or Responsibility: The Company has no control over the content, policies, or practices of Third-Party Services and assumes no responsibility for their availability, accuracy, or reliability. Accessing or using these Third-Party Services is at Your own risk.
Independent Terms and Policies: Third-Party Services operate independently from the Company and may have their own terms, conditions, and privacy policies. You are solely responsible for reviewing and understanding these terms and policies before engaging with any Third-Party Services. The Company shall not be liable for any consequences arising from Your failure to review or comply with such terms and policies.
Liability Disclaimer: The Company shall not be liable for any damages or losses arising from Your use of Third-Party Services. This includes, but is not limited to, issues related to the accuracy or reliability of third-party content, the quality or safety of goods or services provided by Third-Party Services, or any privacy, data security, or other practices employed by such third parties.
Termination of Links: The Company reserves the right to remove or disable any links to Third-Party Services at its sole discretion without prior notice.

By using the Service, You acknowledge and accept these limitations regarding Third-Party Services.

8. Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

Your breach of these Terms;
Your use of the Service in a manner that violates applicable laws, infringes on the rights of others, or disrupts the functionality or security of the Service; or
Our determination, in Our sole discretion, that continued provision of the Service to You is no longer viable or in Our best interest.

Upon termination:

Your right to access and use the Service will cease immediately.
Any licenses or permissions granted to You under these Terms will terminate.
We may block Your access to the Service, including by blocking Your IP address or device.

Suspension of Access
We may also suspend Your access to the Service if We reasonably believe that You are engaged in activities that violate these Terms or pose a risk to the Company, its users, or its operations. Suspension may occur without prior notice and may be lifted at Our discretion if the issue is resolved.

Survival of Provisions
Any provisions of these Terms that by their nature should survive termination (e.g., Ownership and Intellectual Property, Limitation of Liability, Dispute Resolution) will remain in full force and effect.

9. Limitation of Liability

The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, either express or implied, to the maximum extent permitted by law. The Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages arising from:

Your use of or inability to use the Service;
Errors, inaccuracies, or omissions in the Content;
The actions, inactions, or practices of Third-Party Services;
Loss of data, service interruptions, or any issues related to the use of third-party software and hardware integrated with the Service.

The Company does not guarantee that the Service will meet Your requirements, operate without interruptions, or be error-free. You agree that Your use of the Service is at Your own risk.

Some jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages. In such cases, the limitations outlined in this section shall apply to the greatest extent permitted by applicable law.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Your use of the Service may also be subject to additional local, state, national, or international laws, depending on Your jurisdiction. It is Your responsibility to ensure compliance with any such applicable laws when using the Service.

11. Disputes Resolution

Any disputes, controversies, or claims arising out of or relating to these Terms, the Service, or any relationship between You and the Company shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Arbitration shall take place in Maricopa County, Arizona, and the arbitration proceedings and award shall be kept confidential to the extent permitted by law.

Each party shall bear its own arbitration costs, including attorney’s fees, unless otherwise determined by the arbitrator. The arbitrator’s decision shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.

Exceptions to Arbitration:
The Company may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or enforce confidentiality obligations, without first submitting to arbitration.

12. International Users

If You access the Service from outside the United States, You are responsible for compliance with local laws and regulations applicable to Your use of the Service. The Service is controlled and operated from the United States, and We make no representation that it is appropriate or available for use in other locations.

If You are a European Union (EU) consumer, You may benefit from any mandatory provisions of the law of the country in which You reside. These Terms do not limit Your rights under such applicable laws.

13. United States Legal Compliance

By using the Service, You represent and warrant that:

You are not located in a country subject to a United States government embargo or designated as a “terrorist-supporting” country under applicable U.S. laws.
You are not listed on any United States government list of prohibited or restricted parties, including but not limited to the Specially Designated Nationals (SDN) list maintained by the U.S. Department of the Treasury.
Your use of the Service complies with all applicable export and re-export restrictions and regulations under U.S. laws, including the Export Administration Regulations (EAR).
The Company and its affiliates endeavor to comply with applicable housing regulations, including those established by the U.S. Department of Housing and Urban Development (“HUD”).

The information provided on the Website is for general informational purposes only and does not constitute legal, regulatory, or compliance advice related to HUD or other U.S. regulations. While the Company and its affiliates strive to ensure compliance with applicable laws, the Company does not guarantee the accuracy, applicability, or completeness of the information provided.

Users are encouraged to consult the official HUD website (hud.gov) or seek advice from qualified professionals for the most accurate and up-to-date information regarding HUD policies, housing regulations, or compliance requirements.

Any violation of these representations may result in termination of Your access to the Service and legal action.

14. California Users

If You are a California resident, You may have specific rights under California law, including:

California Consumer Privacy Act (CCPA): You have the right to access, delete, or opt out of the sale of Your personal information, as described in Our Privacy Policy.
Refund Rights: If applicable, You may have additional rights related to refunds, cancellations, or other consumer protections under California law.

For more information on Your rights as a California resident, please refer to Our Privacy Policy or contact Us directly.

15. Translation Interpretation

If these Terms and Conditions, or any portion thereof, have been translated and made available to You on the Service, You acknowledge and agree that the original English text is the authoritative version.

The Company does not guarantee the accuracy or completeness of any translations provided. In the event of a dispute or inconsistency between the English text and any translated version, the original English text shall prevail.

16. Severability and Waiver

16.1 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision will be modified to the extent necessary to make it enforceable or, if modification is not possible, it will be severed from these Terms. The remaining provisions shall continue in full force and effect.

16.2 Waiver

Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver is only effective if it is in writing and signed by an authorized representative of the Company.

17. Seniors Rising SMS Notification Terms

Rising Medical Group (Seniors Rising) offers appointment confirmation and reminder text messages to patients who schedule appointments through our phone line at (520) 226-5977. When booking, patients may provide a mobile number and verbally consent to receive these texts. Message frequency varies by appointment, typically 1 to 2 messages per scheduled visit. Message and data rates may apply. These messages are informational only; we do not send marketing texts.

Reply STOP at any time to stop receiving messages. Reply HELP for assistance, or call us at (520) 226-5977. Consent is not a condition of receiving care.

18. Contact Us

For questions or concerns regarding these Terms and Conditions, please contact Us:

By email: info@waymarkgardens.org