OPERATOR TERMS OF USE FOR WWW.FINDTHEIRCARE.COM

These Operator Terms of Use govern and apply to all users who register and create accounts through which they will claim, manage, edit, or administer listings or profiles for nursing homes, senior-care facilities, skilled-nursing facilities, or similar care facilities (each a “Facility”) through our Services (referred to as “Operator Users”). Operator Users will use the Services to manage Facility listings and communicate with families, care-seekers, prospective residents, and their representatives who are looking for information about the Facilities (referred to as “General Users”). Operator Users shall be bound by these Operator Terms of Use, as well as our general Terms of Use and Privacy Policy, which are incorporated herein and collectively referred to as the “Terms”.

Please read these Operator Terms of Use, as well as our general Terms of Use and Privacy Policy before creating or registering any Operator User account, claiming or managing any Facility listing, or using any messaging features through our Services. By creating an Operator User account, claiming or managing a Facility listing, or using the Services as an Operator User, you acknowledge that you have read the following Operator Terms of Use, and all other terms referenced herein, that you understand them, and agree to be bound and abide by them. If you do not agree to all of the Terms, you must not access, use, register with, claim or manage any Facility listing, or otherwise use the Services as an Operator User.

Changes to Services: We may revise and update these Operator Terms of Use from time to time in our sole discretion and without prior notice. Any changes to the Terms will be in effect as of the “Last Modified” date referenced above and on the Services.

Facility Listings: The primary purpose of our Services is to provide an online technology and directory platform through which General Users may find and compare Facilities which are managed by Operator Users. In registering as an Operator User through our Services, you represent and warrant that you shall only use the Services to claim, manage, edit, or administer Facility listings for Facilities for which you have full legal authority and right to act (the “Operator Services”). Such Operator Services shall be conducted solely between you and the applicable General Users or Facility.

General Users: Once a General User contacts you with respect to a Facility, they shall be deemed to be your customer, resident, prospective resident, family contact, or other Facility relationship only, and shall not be a customer of our Company for any purpose related to your Facility. Accordingly, such General Users shall be subject to and bound only by your policies (including those relating to your customers, residents, admissions, privacy, and payments), if any.

Third-Party Operators: You acknowledge and understand that ALL FACILITY SERVICES, CARE SERVICES, ADMISSION DECISIONS, CONTENT, MATERIALS, PREMISES, AND RELATED SERVICES YOU OFFER, DESCRIBE, OR PROVIDE ON OR THROUGH OUR SERVICES ARE OFFERED AND PROVIDED BY YOU DIRECTLY TO GENERAL USERS. We are an online technology platform only, and are not a nursing-home, senior-care, medical, healthcare, placement, professional, or advisory service provider of any kind. We do not endorse, recommend, verify the clinical quality of, or guarantee any Operator User or Facility listing. We are not responsible or liable to you, or any third party, for the products, services, care, content, materials or premises provided or offered by you. Your policies for payments, scheduling, admissions, cancellations, refunds or otherwise, shall be governed by your terms and conditions, and must be conducted directly between you and the General User. General Users are instructed to contact you about any payment, scheduling, admission, cancellation or refund of any Facility services or care services purchased from you. You should include clear contact information on your Operator User profile page.

Claimed Accounts: You must create an account to claim and manage a Facility listing or profile. Operator User claims are reviewed and approved by an administrator before the Facility listing can be managed. We may deny, suspend, or revoke your claim, account, teammate access, or listing-management access at any time if we believe you lack authority, violate our Terms, or otherwise create risk to the Company, General Users, or any Facility.

By creating an Operator User Account, or claiming or managing a Facility listing, you hereby represent and warrant to the Company and each General User as follows:

• You have, and shall continue to have, all legal authority, permissions, consents, licenses, and approvals necessary to act on behalf of each Facility listing that you claim, manage, edit, or administer through the Services, including authority to provide and update Facility information, photos, availability, care types, services, and contact information.
• All listing content, photos, availability, care types, services, descriptions, messages, and other information that you submit, publish, edit, or authorize through the Services is and shall remain accurate, current, complete, lawful, non-misleading, and supported by appropriate Facility records and authorizations.
• You shall comply with all applicable federal, state, and local law, including but not limited to those relating to healthcare, senior-care, skilled-nursing, facility, licensure, privacy, advertising, consumer protection, unfair competition, and similar laws and regulations in connection with your use of the Services, your Facility listing, your communications with General Users, and any Facility services or care services you provide.

If any of the foregoing representations are inaccurate, you must not claim, manage, edit, publish, or continue to display any affected Facility listing, until it has been duly remedied. If you use the Services or submit, publish, edit, or authorize any Facility listing content or communications in violation of any of the foregoing representations, you shall be solely responsible for your uses of the Services, and you shall indemnify us against any losses, claims or damages that may result.

Relationship: You understand and acknowledge that your relationship with our Company shall at all times be that of an independent contractor and user of an online technology and directory platform. These Terms shall not be construed to create any partnership, joint venture, employment, agency, professional, advisory or any other relationship, between Company and you for any purpose. Except as expressly stated herein, you shall have no authority (and shall not hold yourself out as having authority) to bind our Company, and shall not make any agreements or representations on our behalf without our prior written consent. You will not be eligible to participate in any vacation, medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits that we may offer to our employees. We will not be responsible for withholding or paying any income, payroll, or other federal, state or local taxes, making any insurance contributions, or obtaining worker’s compensation insurance on your behalf. Any persons employed or engaged by you in connection with your Facility listing or Facility services, shall be your employees or contractors and you shall be fully responsible for them and for any claims made by or on behalf of them.

Insurance. Company shall not provide any insurance coverage on behalf of you or any Facility, Facility listing, General User, or other person or property associated with you. You shall have and maintain adequate insurance policies with reputable insurers, including any insurance required for your Facility operations and services, and coverage for bodily injury, personal injury, property damage, professional liability, contractual liability, privacy, data security, and other risks associated with your Facilities.

Licenses. You shall comply with all federal, state and local laws requiring licenses, permits, registrations, certifications, approvals and/or certificates to operate, advertise, market, describe, provide, or arrange any Facility, Facility services, senior-care services, skilled-nursing services, healthcare services, or related services, and shall acquire and maintain the same.

Disclaimers. You expressly acknowledge the following: (a) We make no representations or warranties in regard to the success of the Services, and cannot and do not guarantee any specific number of inquiries, admissions, customers, residents, purchases, revenues, or any other specific results; (b) We have no control over General User behavior, or whether they contact, choose, visit, purchase from, reside at, or use any Facility or Facility services; (c) We are not responsible or liable in any way for any of your Facilities, premises, listings, photos, availability, care types, services, customers, residents, prospective residents, employees, contractors, products, services, or for any cancelled, rejected, or returned purchases or admissions; (d) We provide our Services to all eligible users, some of which may be competitive to you.

Intellectual Property Ownership: You hereby represent and warrant that all of the materials you post on or through our Services (including but not limited to all Facility information, text, descriptions, care types, services, availability, offerings, displays, documents, images, illustrations, photographs, graphics, domains, logos, slogans, messages, and the design, selection and arrangement thereof), are owned by you or properly authorized for your use, that you own or have all necessary Intellectual Property rights in and to such materials, and have all rights and authority to post, publish, edit, transmit, and authorize such materials. Messages between General Users and Operator Users are private communications and are not public reviews, ratings, endorsements, or advertisements through the Services.

Right to Provide Facility Information: You hereby represent and warrant that you are the lawful owner or authorized representative of, or otherwise have the full right and authority to claim, manage, edit, promote, describe, or otherwise provide information about, each Facility listing you administer, without restrictions of any kind. Your claiming or managing of any Facility listing does not and shall not infringe upon the property rights, privacy rights, contractual rights, or any other rights of any other person or entity, and does not and shall not include misleading, deceptive, unlawful, or unsubstantiated information.

You agree to indemnify, defend and hold harmless the Company and its affiliates (and their respective officers, directors, employees, contractors, agents, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to: (a) any Facility, Facility listing, Facility premises, personnel, products, services, care services, availability, photos, content, messages, or other information provided, submitted, published, edited, authorized, or offered by you or through your Operator User account; (b) your claim, management, or use of any Facility listing or Operator User account; (c) any admission decision, Facility service, care service, injury, damage, or alleged failure to provide services by you or your Facility; (d) any allegation that Facility content or other materials offered or provided by you infringes or violates any right of any third party; (e) any negligent act or omission, violation, misleading information, or other wrongful act by you; or (f) any breach of any term or condition in these Terms by you.

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