TERMS OF SALE FOR WWW.FINDTHEIRCARE.COM

IF YOU ALLOW ANY MINORS UNDER THE AGE OF 18 TO ACCESS OR USE THE SERVICES, YOU HEREBY AFFIRM THAT YOU SHALL BE SOLELY RESPONSIBLE FOR THEIR USES OF THE SERVICES, AND YOU SHALL INDEMNIFY US AGAINST ANY LOSSES, CLAIMS OR DAMAGES THAT MAY RESULT. IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HEREBY AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT PURCHASE SUBSCRIPTIONS OR PAID SERVICES FROM THE SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT AT LEAST 18 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES OR ANY OF THEIR CONTENT, FEATURES, OR SERVICES BY APPLICABLE LAW.

THESE TERMS REQUIRE THE USE OF ARBITRATION, ON AN INDIVIDUAL BASIS, TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THE DISPUTE RESOLUTION DETAILS IN SECTION 20 OF OUR TERMS OF USE.

Pricing Terms: General Users (families and care-seekers) may search, browse, compare facilities, and send inquiries through the Services free of charge. Operator Users (Facility operators, nursing home representatives, and other business subscribers) may purchase subscriptions to claim and manage facility listings or profiles. All prices and promotions for paid subscriptions are subject to change without notice. Unless custom enterprise pricing applies, the Standard plan is as listed through our Services, subject to any applicable free trial and administrator approval terms described below. Posted prices do not include taxes. All such taxes will be added to your order total, and will be itemized in your confirmation email. We strive to display accurate pricing, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Enterprise Pricing Terms: Enterprise and multi-facility groups may contact us to arrange custom pricing and subscription terms. No payment card will be collected online for enterprise or multi-facility custom pricing unless we separately provide an online payment process for that arrangement. Other terms and conditions regarding custom pricing and payment terms will be as established in the applicable order form or written agreement with us.

Acceptance of Orders: You agree that any subscription order or Facility claim you place through the Services is an offer to purchase the applicable paid subscription and claim or manage the facility listing or profile identified in your order. All orders and Facility claims must first be accepted and processed by us before the transaction is valid. We may choose not to accept orders or approve Facility claims at our sole discretion, even after you receive a confirmation email with your order number or details.

Payment Terms: Terms of payment for paid subscriptions are within our sole discretion. For the Standard plan, we may collect a payment card at sign-up, but we will not charge that card during any free trial periods. The payment processor we use accepts most major credit and debit cards for purchases. You represent and warrant that: (a) all payment information you supply to us or our payment processor is true, correct and complete; (b) you are duly authorized to use such payment method for the transaction; (c) charges incurred by you will be honored by your credit card company or bank; and (d) you will pay charges incurred by you at the posted or agreed prices, plus any applicable taxes, regardless of the amount quoted through the Services at the time of your order.

Promotions: From time to time, we may offer promotions, discounts, free trials, or marketing or promotional email offers that affect the pricing for using our Services, and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion, discount, free trial, or marketing or promotional email offer and these Operator Terms of Sale, the promotional terms will govern.

Payment Processing: All payments made through our Services shall be processed through the third-party payment processor Stripe. In order to make any payments on our Services, you may be required to provide payment information to Stripe. Card data is handled and stored by Stripe, not by us, and we do not store full card numbers. Please be advised that Stripe maintains its own Terms of Use and Privacy Policy, so please read those terms in detail before using their services.

Fees: As compensation for using our Services to claim and manage Facility listings or profiles, Operator Users shall pay us the applicable recurring subscription fees (the “Subscription Fees”). Unless custom enterprise pricing applies, the Standard plan is as listed through our Services. All Subscription Fees are billed in advance before each month during the applicable billable period.

Cancellations & Refunds: Except as expressly stated in a separate written agreement, order form, or subscription terms presented at the time of purchase, ALL SALES FOR OUR SERVICES ARE FINAL AND NON-REFUNDABLE. Once a payment is made for any Subscription Fees, we cannot issue any refunds for the transaction. You may cancel a subscription by contacting us at support@findtheircare.com, and such cancellation shall take effect before the start of the next month. Subscriptions cancelled mid-month shall not be pro-rated.

Facility Information & Disclaimers: The availability of Facility listings, Facility profiles, public CMS / Medicare.gov data, Operator User information, or other content through the Services does not indicate any government affiliation or our endorsement of any particular Facility, provider, product, or service.

ALL SERVICES, SUBSCRIPTIONS, FACILITY LISTINGS, FACILITY PROFILES, AND RELATED CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF AN OPERATOR USER’S, NURSING HOME REPRESENTATIVE’S, OR OTHER THIRD PARTY’S FAILURE TO HONOR ITS OBLIGATIONS TO YOU.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT WE HAVE BEEN PAID BY YOU FOR THE SUBSCRIPTION OR SERVICES ORDERED THROUGH OUR SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM. THIS LIMITATION OF LIABILITY SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.

Terms of Use. For additional terms relating to the Services and purchases of subscriptions or other paid services, including terms relating to limitations on liability, governing laws, geographic restrictions, and resolving disputes, please refer our Terms of Use.

Privacy Policy: All information you submit in connection with any subscription orders or purchases placed through the Services, including but not limited to the personal information provided during registration, Facility claim submission, or while placing a purchase or order, is subject to and governed by our Privacy Policy. By placing any orders or purchases through the Services, you agree to be bound by the Privacy Policy, and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please read our Privacy Policy before placing any orders or purchases through the Services.

We always welcome feedback you may have about our Services. All feedback, comments, requests for technical support and other communications relating to the Terms, subscriptions or Services, should be sent to: support@findtheircare.com.