Terms of Use

Lucille's List Terms of Use

Thank you for selecting the services offered by Lucille’s List, LLC (“we” or “Lucille’s List”). This Agreement is a legal agreement between you and Lucille’s List. 

Last Updated August 6, 2016

Scope

Lucille’s List is a service that helps match senior housing facilities with prospective residents. The “Services” described in these Terms of Use include the Lucille’s List services provided to you on Lucille’s List’s applications and websites, including content, updates and new releases, as well as Lucille’s List’s telephone and offline support and services and its matching system that sends qualified leads to applicable Facilities. Lucille’s List provides the Services to (a) senior housing facilities (“Facilities”) that have accepted these Terms and Conditions as described below and (b) individuals using the Services to locate Facilities for themselves or loved ones. As used herein, “you” refers to (i) Facilities and individuals who use the Services on behalf of Facilities, and (ii) individuals seeking senior housing facilities on behalf of themselves or others (“Individuals”).

By clicking “I AGREE”, otherwise indicating acceptance electronically, or by accessing or using the Services, you agree to the provisions in these Terms of Use, Lucille’s List’s Privacy Policy, pricing and payment terms and special terms relating to other services we may provide from time to time (collectively the “Agreement”). If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Services.

Privacy

Lucille’s List agrees to protect your privacy and safeguard information you provide to us in accordance with our Privacy Policy located at www.lucilleslist.com/privacy-policy

Lucille’s List is Not a Health Care Provider

LUCILLE’S LIST IS NOT A HEALTH CARE PROVIDER. THE SERVICES DO NOT PROVIDE MEDICAL OR OTHER ADVICE REGARDING THE APPROPRIATENESS OF ANY FACILITY FOR AN INDIVIDUAL, OR VICE VERSA. The Services are intended only to assist Individuals in identifying Facilities that match certain criteria specified by the Individuals, and to help Facilities locate prospective new residents based on those criteria and the Facilities’ stated services and requirements. Any information or prospective referral provided through the Services may not be appropriate for you as an Individual or a Facility. It is incumbent on each Individual and Facility to determine with a prospective referral is a good match for its needs.

Your Rights To Use The Service

The Services are protected by copyright, trade secret, and other intellectual property laws. Lucille’s List and its partners, licensors and suppliers are the owners of all rights in the Services except as expressly provided in this Agreement. So long as you meet any applicable payment obligations and comply with this Agreement, Lucille’s List grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the purposes described by Lucille’s List on the website for the Services. The account you create on the Services is for your own personal use (as to Individuals) or for your own internal business purposes (as to Facilities) and you may not share it with any other party.

You agree not to use the Services or content on this website in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement.

The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.

License Restrictions

You agree that you will not:

(a) Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Services, without Lucille’s List’s express written consent, which may be withheld in Lucille’s List’s sole discretion;

(b) Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Mozilla Firefox, Microsoft Internet Explorer, or Google Chrome);

(c) Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or

(d) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

(e) Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.

(f) Attempt to access any other Lucille’s List systems that are not part of these Services.

(g) Excessively overload the Lucille’s List systems used to provide the Services.

Your Personal Information and Uploaded Content

Facilities may use the Services to create profiles regarding their businesses. You represent that you own or otherwise control the rights to all of this information provided to Lucille’s List through your use of the Services (the “Content”). You are responsible for any Content that may be lost or unrecoverable through your use of the Services. Lucille’s List is not responsible for the Content or data you submit on the Services.

The principal purpose of Lucille’s List is to match Individuals with Facilities that may meet their housing needs. In order to do this, Lucille’s List collects certain personal information from Individuals and sends that information to Facilities that might be a good match. We describe the information we share with Facilities in greater detail in our Privacy Policy.

You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

(a) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;

(b) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);

(c) Except as otherwise permitted by Lucille’s List in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

 (e) Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

The Services may include social networking features to exchange information with other users of the Services and the public. When you interact with other users: (a) please use respect; and (b) do not reveal information in the social networking features that you do not want to make public. Also be aware that (x) Lucille’s List does not support and is not responsible for the accuracy of others’ content in these features, and (y) users may post hypertext links to content hosted and maintained by third parties for which Lucille’s List is not responsible.

Lucille’s List may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Lucille’s List or its customers, or operate the Services properly. Lucille’s List, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

You acknowledge that Lucille’s List may establish general practices and limits concerning the use of the Services, including without limitation Lucille’s List’s policy on retention and deletion of Content. You further acknowledge and agree that Lucille’s List reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Copyright And Trademark Notices

All materials of the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Lucille’s List, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Lucille’s List websites and applications (and any successor version of the same), is permitted without the written permission of Lucille’s List. Any rights not expressly granted herein are reserved. Lucille’s List, the Lucille’s List logos and product and service names are trademarks of Lucille’s List, LLC (the “Lucille’s List Marks”). You agree not to display or use the Lucille’s List Marks in any manner whatsoever without Lucille’s List's prior permission.

The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. Lucille’s List does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. Lucille’s List disclaims any rights to any third party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Services.

Account Security

All materials of the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Lucille’s List, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Lucille’s List websites and applications (and any successor version of the same), is permitted without the written permission of Lucille’s List. Any rights not expressly granted herein are reserved. Lucille’s List, the Lucille’s List logos and product and service names are trademarks of Lucille’s List, LLC (the “Lucille’s List Marks”). You agree not to display or use the Lucille’s List Marks in any manner whatsoever without Lucille’s List's prior permission.

The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. Lucille’s List does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. Lucille’s List disclaims any rights to any third party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Services.

 

Contacting You

By providing to Lucille’s List your physical address, e-mail address, phone number or other ways to contact you, you agree that Lucille’s List may contact you and send notices using any of these contact methods. If you wish to receive notices at another address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences. Required and other notices and communications from us will be provided either in the text of the applicable e-mail or through an embedded link to the appropriate page on our website, or through any other means Lucille’s List deems appropriate.

Any legal notices by you to Lucille’s List relating to this Agreement should be sent by you to Lucille’s List at info@lucilleslist.com.

Alerts to mobile phone numbers may trigger charges from your mobile carrier or other third parties. To the extent that Lucille’s List is assessed fees by any mobile carrier or required to pay fees to any mobile messaging aggregator or vendor in order to provide mobile alerts, Lucille’s List will pass-through such charges to you.

Messages may include your login ID and some information about your account. Anyone with access to your email, mobile phone, or other device or accounts receiving alerts will be able to view the content of these messages and it is your responsibility to maintain the privacy and security of this information.

Other Lucille’s List And Third Party Products And Services 

We may offer to you other services, features, products, applications, online communities, or promotions provided by Lucille’s List. If you decide to use any of these other services, additional terms and conditions and separate fees may apply. If you decide to use any third party products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies.

Payment 

Lucille’s List charges Facilities certain fees, including placement fees for new residents. Lucille’s List will send Facilities a Referral Agreement describing such fees and Facilities agree to pay the fees within 30 days following a resident’s move-in date. Lucille’s List does not presently charge Individuals. If it does introduce paid features for Individuals it will notify you prior to charging for any such Services.

You shall be responsible for any taxes, duties or withholdings based on the Services provided to you (excluding taxes based on Lucille’s List’s income). We may suspend the Services until all undisputed payments due for the Services are received. If there is a conflict in terms between this Agreement (including any Referral Agreement) and any document submitted by you, this Agreement shall control. Any additional or different terms in invoices, acknowledgment forms, purchase orders, or other communications, are deemed material, are objected to, and rejected by the parties, unless agreed to in a signed writing by the parties. Lucille’s List shall have no obligation to refund prepaid fees under any circumstances.

You must pay with one of the following:

     (a) A valid credit or debit card acceptable to Lucille’s List;

     (b) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

     (c) By any other payment option made available by Lucille’s List.

If your payment and registration information are not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

Additional cancellation or renewal terms may be provided to you on the website for the Services.

Disclaimer Of Warranties; Limitation Of Liability

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LUCILLE’S LIST, ITS AFFILIATES, PARTNERS AND ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF INFORMATION IN OR LINKED TO THE SERVICES. LUCILLE’S LIST AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF LUCILLE’S LIST, AND ITS AFFILIATES, PARTNERS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO LUCILLE’S LIST FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM AND $100. LUCILLE’S LIST AND ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES INDIVIDUALS INCUR AS A RESULT OF OUR EFFORTS TO MATCH THEM WITH APPROPRIATE FACILITIES, (C) ANY AND ALL DAMAGES FACILITIES INCUR AS A RESULT OF OUR EFFORTS TO FIND SUITABLE RESIDENT TO PLACE IN FACILITIES; (D) LOSSES OR INJURIES INDIVIDUALS OR FACILITIES MAY SUFFER RESULTING FROM AN INDIVIDUAL’S VISIT TO, STAY AT OR USE OF FACILITIES; OR (E) OR ANY OTHER INTERACTION AMONG INDIVIDUALS, FACILITIES OR ANY THIRD PARTIES AS A RESULT OF YOUR USE OF THE SERVICES. THE ABOVE LIMITATIONS APPLY EVEN IF LUCILLE’S LIST AND ITS AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF LUCILLE’S LIST AND ITS AFFILIATES, PARTNERS AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO LUCILLE’S LIST TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY LUCILLE’S LIST.

Indemnification

You agree to indemnify and hold Lucille’s List and its Affiliates, partners and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs made by third parties and, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Lucille’s List reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Lucille’s List in the defense of any Claims.

Changes To This Agreement Or The Services 

We may change this Agreement from time to time, and the changes will be effective when posted on Lucille’s List’s website for the Services, through Lucille’s List’s account notification procedures or when we notify you by other means. Please review this Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Lucille’s List posts or otherwise notifies you of any changes, indicates your agreement to the changes. This Agreement may be modified only as provided in this section.

Termination

Lucille’s List may immediately and without notice terminate this Agreement or suspend the Services provided to you if you fail to comply with these terms. Upon termination you must immediately stop using the Services. Our Privacy Policy and the following sections of this Agreement will survive and remain in effect even if the Agreement is terminated, canceled or rescinded: Disclaimer of Warranties; Limitation Of Liability; Indemnification; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.

You may cancel your account or any part of the Services at any time; provided that Lucille’s List will not refund any pre-paid fees upon such termination or cancellation. Lucille’s List reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to any applicable cancellation fee(s).

Upon termination of your account for any reason, Lucille’s List reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Services.

Governing Law And Jurisdiction

The internal, substantive laws of the State of California govern this Agreement without regard to its conflicts of laws provisions. As a material inducement to Lucille’s List to enter into this Agreement and provide you access to the Services, you agree to the exclusive jurisdiction of state or federal courts located in San Francisco, California for any legal proceedings arising from your use of the Services. Lucille’s List does not represent that information on the website for the Services is appropriate or available for use in all countries. Lucille’s List prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.

General

You represent and warrant that you are at least 18 years of age. This Agreement is the entire agreement and understanding between you and Lucille’s List and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. You may assign this Agreement only with the written consent of Lucille’s List, which may not be unreasonably withheld. If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Lucille’s List’s right and remedies under this Agreement are intended to be cumulative and any failure by Lucille’s List to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which Lucille’s List is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of Lucille’s List’s rights or remedies, all of which will still be and remain available to Lucille’s List. You also agree to receive e-mail communication from Lucille’s List unless you respond that you would like for your address to be removed from this list.