1. ACCEPTANCE OF TERMS
2. WHAT WE DO
We currently provide users over age 50 with home share resources through the Site. The purpose of the Site is to match elders who have "more home than they can afford" with elders who are looking for safe affordable housing. We assume no responsibility for information posted on the Site originated by others, including but not limited to users and sponsors. You are responsible for any and all costs associated with accessing the Site.
WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION POSTED ON THE SITE BY A USER. SENIOR HOMESHARES NEITHER ENDORSES NOR RECOMMENDS ANY PARTICULAR USER OR POSTING. TO THE EXTENT THAT YOU RELY ON ANY OF THE INFORMATION PROVIDED ON THE SITE, YOU DO SO AT YOUR OWN RISK.
USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH INFORMATION MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM.
3. REGISTRATION AND FEES
To become a member of the Site, Senior Homeshares requires that you register. As part of registration, you will be asked to provide certain Personal Information as well as giving us some information about yourself that may help us optimize your experience on the Site.
By registering as a member you represent that you are age 50 or older. People under the age of 50 may not become members of the Site, but may be listed by a member as that member’s “helper”, provided they are at least 13 years of age.
When you subscribe to the Site, your subscription will remain in effect unless you fully cancel your subscription by following the cancellation procedures on the Site. Your profile and content may be retained by Senior Homeshares for an unspecified period of time, though this retention is not guaranteed. Once your subscription is cancelled, you may not necessarily be able to retrieve any profile information or content; an entirely new registration may be required.
Senior Homeshares reserves the right to cancel any account with or without reason at any time.
If you elect to make a donation on the Site, you will be asked to provide payment information. Any payment information will be provided to our third party payment providers.
Please note: Senior Homeshares in the process of applying for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. We are seeking to have such status apply retroactively to our date of formation. However, we cannot guarantee that the IRS will grant tax-exempt status. Please direct any questions to Member Service.
You agree that all donations are final and cannot be refunded. Donors may have the option to contribute recurring period donations. If you elect to contribute on a recurring basis, you (1) hereby authorize Senior Homeshares to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Site, and (2) agree to promptly update your account information with any changes that may occur (for example, a change in your billing address or credit card expiration date).
Donors are not permitted to impose restrictions on the use of donated funds. Any directions by a donor as to how funds are to be used constitute non-binding recommendations only, and Senior Homeshares has full discretion to determine how all donated funds will be used.
4. YOUR MEMBERSHIP OBLIGATIONS
By using the Site you certify that any information that you provide to us (or others through the Site) is true, accurate, current and complete information, and you agree to maintain and promptly update the membership data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we believe that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will set a password for your account, and you agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session.
YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Senior Homeshares is not liable for any loss you may incur as a result of someone else using your password or account, either with or without your knowledge.
5. MEMBER CONDUCT
You understand that we do not provide the information on the Site and that all publicly posted or privately transmitted information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. You agree and represent that you are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Site. Since we do not control the Content posted on the Site or sent to you from Site users, we cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to offensive, indecent or objectionable Content. You agree that we will not be liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
You agree to NOT use the Site for any illegal or inappropriate purpose, and affirmatively represent and warrant:
- that you will not upload, post, email, transmit or otherwise make available any Content that you know to be false or misleading, or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;
- that you will not target or harm minors in any way;
- that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of Senior Homeshares, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- that you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that you will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- that you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that you will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- that you will not violate any applicable local, state, national or international law;
- that you will not "stalk" or otherwise harass another;
- that you will not collect or store personal data about other users;
- that you will not use this Site in a manner that adversely affects the availability of its resources to other users. This includes, but is not limited to: use of all caps; flooding continuous postings of repetitive text; harassing other members; attempting to solicit personally identifying information of another member;
- that you will not copy, reproduce, publish or otherwise repost information obtained on the Site without the express written permission of Senior Homeshares;
- that you will not attempt to gain unauthorized access to the Site, or accounts, computer systems or networks connected to the Site through hacking, password mining, scripts, “bots” or any other means;
- that you will not attempt to copy or mimic the look and feel, features, or intellectual property of Senior Homeshares;
- that you will not attempt to obtain any materials or information through any means not intentionally made available through the Site, including indexing any content of the Site for commercial or non-commercial purposes;
- that you will utilize the Site only if you are seeking someone with whom to share a home. SeniorHomeshares.com is not designed for landlords or others who are looking for potential residents of unoccupied houses or apartments.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SITE
We do not own any of the Content submitted by our users. However, with respect to Content you submit or make available on the Site, you grant Senior Homeshares a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publish, translate, perform and display such Content (in whole or in part), in any format or medium now known or later developed, as necessary to host, maintain and provide access to the Site to you and other users. You also permit any user to access, display, view, store and reproduce such Content for personal use in accordance with your privacy settings.
In addition, you understand and agree that the Content posted on the Site by all users, including by you, will be collected, aggregated and anonymously integrated into the Site, and that Senior Homeshares will use aggregated data collected from you and other users for statistical and analytical reporting purposes.
You acknowledge that we do not pre-screen Content, but that Senior Homeshares and its designees shall have the right (but not the obligation) to refuse, move, or remove any Content on the Site for any reason, at our sole discretion.
We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason.
You understand that your Content may be transmitted over a number of different networks and people other than those on the Site could gain access to it.
You acknowledge that we may establish general practices and limits concerning use of the Site, including but not limited to matters pertaining to the number and size of emails, length of time that Content and other information will remain on the Site, limitations on what Content may be posted and when and how long we will retain it. We reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
8. COMPLIANCE WITH COPPA
The Site is not directed at children under the age of 13. Senior Homeshares complies with the Children’s Online Privacy Protection Act and does not knowingly permit registration or submission of Personal Information by anyone less than 13 years of age. By registering as a member you represent that you are age 13 or older. You agree that you will not submit Personal Information concerning anyone less than 13 years of age.
You understand and agree that your access to the Site, the services provided and your account depends upon your compliance with the TOU, as well as Senior Homeshares’ decision to continue operating the Site. There is no guarantee that Senior Homeshares will continue to offer the Site and Senior Homeshares may simply discontinue the Site without any notice to you.
If you breach any terms of this agreement, Senior Homeshares may, in addition to other remedies, terminate your access to the Site and your account (and any other accounts that share the name, phone number, email address, and/or internet protocol address of the discontinued account) immediately and without notice.
You may terminate your account at any time by sending an email to Member Service. Termination of your account will result in removal of your access to the Site but will not remove any Content submissions you may have made as a registered User. You may submit a request to remove one or more submissions by sending an email to Member Service. Senior Homeshares will retain or remove such submission in its sole discretion.
Regardless of the cause or basis for termination, you agree that you are not entitled to compensation of any kind as a result of the termination. Any termination of membership will occur in Senior Homeshares’ sole discretion, and Senior Homeshares will have no obligation to terminate a member’s account for the benefit of another member or third party.
10. DEALINGS WITH SPONSORS
Your dealings with sponsors found on or through the Site are solely between you and such sponsor. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings.
The Site may provide, or third parties may provide, links to other Internet sites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for the content or functionality of such sites. Furthermore, the existence of a link on the Site does not imply an endorsement of that site, the owners or content thereon. You agree that Senior Homeshares is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.
12. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. SeniorHomeshares.com, the Senior Homeshares logo, and other Senior Homeshares product and service names are trademarks of Senior Homeshares (the "Senior Homeshares Marks"). Except as expressly authorized by Senior Homeshares, you agree not to display, modify, distribute, create derivative works based on, or use in any manner, the Senior Homeshares Marks or anything found on the Site.
13. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWABLE BY LAW, SENIOR HOMESHARES, ITS LICENSORS, PARTNERS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT ACCESS TO THE SITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
14. LIMITATION OF LIABILITY
THE SITE IS AN ONLINE PLATFORM THROUGH WHICH USERS MAY CREATE LISTINGS FOR HOMES AND OTHER USERS MAY LEARN ABOUT AND CONNECT DIRECTLY WITH THE LISTING USERS. YOU UNDERSTAND AND AGREE THAT SENIOR HOMESHARES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LISTING USERS AND SEEKING USERS, NOR IS SENIOR HOMESHARES A REAL ESTATE BROKER, AGENT OR INSURER. SENIOR HOMESHARES HAS NO CONTROL OVER THE CONDUCT OF LISTING USERS, SEEKING USERS AND OTHER USERS OF THE SITE, OR ANY HOME, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL SENIOR HOMESHARES, ITS LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR SPECIFIC PERFORMANCE) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENIOR HOMESHARES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SENIOR HOMESHARES IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR RELIANCE, USE OR MISUSE OF THE SITE OR ITS CONTENT.
You agree to indemnify and hold harmless Senior Homeshares and its officers, employees, agents, subsidiaries, affiliates, or other partners, from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of Content you submit or make available on the Site, your violation of the TOU, or any other infringement committed by you or any other user of your account, of any right of any person.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Site.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
UPDATES TO TOU
We reserve the right to modify the TOU at any time, so please review it frequently. If Senior Homeshares decides to change the TOU, we will post those changes on the Site. Additionally, we may elect to inform members of any change to the current TOU by email at the email address provided on the member’s account.
For any questions or comments, or to report violations of this agreement, please contact our Member Service department.