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PLEASE
READ CAREFULLY
Welcome to the MBK Senior Living LLC ("MBK Senior Living") website (the "Website").
Please carefully read this Terms of Use, which contains the terms and conditions
for its use ("Terms") before using the Website. By accessing, browsing and using
the Website or providing any information to MBK Senior Living you indicate that
you agree to the Terms contained in this agreement.
Acceptance of Terms
This Terms of Use is a legally binding agreement between you, any third party
to whom you provide or allow access to the Website or who otherwise benefits
from your use of the Website (collectively sometimes referred to herein as "you" or "your"),
and MBK Senior Living. If you do not agree to the Terms, do not access, browse
or use the Website. MBK Senior Living may amend the Terms from time to time without
notice to you, other than posting the amended Terms to the Website and changing
the version number of this Terms of Use which is noted just below the first line
of under the Terms of Use title. In addition, use of particular services or information
on the Website may be subject to additional terms and conditions that will be
available in connection with such services and information. Unless otherwise
agreed to in writing between you and MBK Senior Living, the Terms, as amended,
shall govern your use of the Website.
Privacy Policy
Information that you provide to MBK Senior Living via the Website is subject
to our Privacy Policy. For more information, please read our full Privacy Policy
at http://www.mbkseniorliving.com/service/terms/privacy.php.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MBK SENIOR LIVING EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES
OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA,
PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR
IN CONNECTION WITH THE WEBSITE.
ALTHOUGH MBK SENIOR LIVING ATTEMPTS TO PROVIDE YOU WITH ACCURATE INFORMATION,
THIS WEBSITE IS INTENDED TO BE FOR INFORMATIONAL PURPOSES ONLY. PRODUCT AND OTHER
INFORMATION, INCLUDING PRICING, AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME
WITHOUT NOTICE TO YOU AND MAY NOT BE ACCURATE, COMPLETE, CURRENT OR RELIABLE.
MBK SENIOR LIVING MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR EXPECTATIONS,
(2) THE WEBSITE CONTAINS ACCURATE, COMPLETE, CURRENT OR RELIABLE INFORMATION,
(3) MBK SENIOR LIVING WILL UPDATE THE INFORMATION ON THE WEBSITE, (4) THE WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (5) ANY ERRORS IN THE WEBSITE
WILL BE CORRECTED, OR (6) THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES,
ERRORS OR OTHER LIMITATIONS.
ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. 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.
THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE
OF RECORDS OR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE
OR UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability
YOU AGREE THAT MBK SENIOR LIVING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF MBK SENIOR LIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST
OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM THE USE OR INABILITY TO
USE THE WEBSITE; OR (3) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL ELEMENTS
OF THIS TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT MBK SENIOR LIVING WOULD
NOT BE ABLE TO PROVIDE THE WEBSITE WITHOUT SUCH LIMITATIONS.
Product Information
Due to MBK Senior Living's continuing effort to meet consumer expectations, MBK
Senior Living reserves the right to modify plans, lots, features, specifications,
availability, amenities and services without prior notice to you or obligation
to notify you. All square footages posted on the Website are approximate. Product
and other information posted to the Website is subject to change at any time
and may not be accurate, complete, current or reliable. You should not assume
that MBK Senior Living has updated the information, materials or other content
on the Website. No information or content provided on the Website shall be construed
to be an offer or solicitation for sale. Please consult an MBK Senior Living
Sales
Representative for current product information for each community.
MBK Senior Living's Proprietary Rights, Limited Licenses,
Trademarks and Trade Secrets
You acknowledge and agree that any content used in connection with the Website,
including any software accessible through the Website, contains MBK Senior Living's
proprietary and confidential information that is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. "MBK", "MBK Senior
Living" and all other MBK Senior Living's product and service names and design
logos are trademarks and/or service marks of MBK Senior Living LLC and/or its
affiliates (the "MBK Marks"). As between you and MBK Senior Living, MBK Senior
Living shall own all right, title and interest in and to the MBK Marks. Subject
to the Terms, MBK Senior Living grants you a personal, non-transferable and non-exclusive
right and license to use the Website. You are not permitted to (and may not allow
any third party to) copy, modify, adapt, translate, lease, rent, loan, distribute,
create a derivative work of, reverse engineer, disassemble, decompile, reverse
assemble or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Website.
You agree not to modify any software on the Website in any manner or form or
to use modified versions of the software. Without MBK Senior Living's prior permission,
you agree not to display or use the MBK Marks in any manner. MBK Senior Living
reserves all patent, copyright, trade secret, trade name, trademark, service
mark, license and other proprietary rights related to the Website, its software
and services and you shall not infringe upon or violate such rights.
The license provided herein shall automatically terminate on the date MBK Senior
Living decides to remove or terminate the Website. In addition, your license
shall terminate immediately if you breach any of the Terms and MBK Senior Living
is entitled to enforce its rights under this Terms of Use by an action for damages
or by specific performance, injunctive or other equitable relief. This Terms
of Use does not limit any rights that MBK Senior Living may have under trade
secret, copyright, patent or other laws.
Termination
MBK Senior Living, in its sole discretion, may terminate your license to use
the Website for any reason without prior notice to you. You acknowledge and agree
that MBK Senior Living may immediately bar your further access to the Website.
MBK Senior Living will not be liable to you or any third party for any termination
of your access and/or use of the Website.
Links
The Website may provide links to other World Wide Web sites or resources. MBK
Senior Living has no control over or responsibility for such websites and resources.
You agree that MBK Senior Living is not responsible for the availability of such
external websites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, terms and conditions, or other
materials on or available from such websites or resources. However, we encourage
you to read any applicable terms and conditions or privacy policies at such websites.
MBK Senior Living provides these links to you only as a convenience.
Notices
Notices to you may be made via either email or regular mail. The Website may
also provide notices of changes to the Terms or other matters by displaying notices
or links to notices to you on the Website. MBK Senior Living is not responsible
for keeping your email address, mailing address and/or phone number up to date
and accurate.
Records
Except to the extent required by applicable law, MBK Senior Living has no obligation
to store, maintain or provide to you any information that you provide to MBK
Senior Living.
General Information
The Terms and the Privacy Policy constitute the entire agreement between you
and MBK Senior Living and govern your use of the Website, superceding any prior
agreements between you and MBK Senior Living. You also may be subject to additional
terms and conditions that are applicable to certain services on the Website.
The Terms and the Privacy Policy do not alter the terms and conditions of any
other written or online agreement between you and MBK Senior Living. The failure
of MBK Senior Living to exercise or enforce any right or provision of the Terms
or this Terms of Use shall not constitute a waiver of such right or provision.
If any provision of this Terms of Use shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from the
Terms of Use and shall not affect the validity of the remaining Terms. You may
not assign the Terms or any of your rights or obligations under the Terms without
MBK Senior Living's express written consent. The Terms inure to the benefit of
MBK Senior Living's successors, assigns and licensees. The section titles in
the Terms of Use are for convenience only and have no legal or contractual effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to the use of the Website or the terms
and conditions contained in this Terms of Use must be filed within one year after
such claim or cause of action arose or the claim or cause of action shall be
forever barred.
International Use
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable content. Without limiting the generality
of the foregoing, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside. You agree not to use the Website unless you are either a
citizen of the Unites States or currently reside in the United States.
Changes to the Terms of Use
As MBK Senior Living's business changes from time to time, this Terms of Use
is expected to change. MBK Senior Living reserves the right to amend the Terms
of Use at any time as provided herein. You should check the Website frequently
to see the current Terms of Use in effect and any changes that may have been
made to it. Your use of the Website is subject to the Terms of Use and Privacy
Policy in effect at the most recent time of use. The provisions contained herein
supersede all previous notices or statements regarding the Terms or use of the
Website.
Questions Regarding The Website
If you have any questions or comments about the Website or this Terms of Use,
please contact us at mslterms@mbk.com or you can write to us at 175 Technology,
Irvine, CA, 92618. |
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