Terms of Use

ELS Terms of Use

Last updated August 2011

These Terms of Use disclose the terms and conditions of Elder Living Source, Inc. (“ELS”) applicable to this website and the services offered in connection herewith (the “Site”). We encourage you to read these Terms of Use carefully. For purposes of these Terms of Use, “ELS” means and includes ELS and its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. By accessing, viewing, and/or using (each a, “use”) the Site, each user (individually, “User” and collectively, “Users”) understands and agrees to be bound by all terms and conditions contained herein. “User” means and includes any person or entity that uses the Site, including without limitation those seeking home care services and/or housing and those providing home care services and/or housing. If User uses the Site on behalf of another person or entity, User represents and warrants that User is an authorized agent of such person or entity and is authorized to bind such person or entity to these Terms of Use. If you object to anything in these Terms of Use or the ELS Privacy Policy, do not understand or agree to be bound to these Terms of Use or the ELS Privacy Policy, or are not authorized to bind the entity to these Terms of Use or the ELS Privacy Policy, do not use the Site and exit immediately.

User may print a copy of these Terms of Use by using the print button or feature in the browser. ELS suggests retaining a copy for future reference. User understands and agrees that ELS may revise these Terms of Use at any time, effective upon posting on the Site, and by continuing to use the Site, User agrees to be bound by future revisions. It is User’s responsibility to periodically visit the “Terms of Use” link at the bottom of the home page to review the most current version of these Terms of Use.

1. Acceptance of Terms of Use Agreement. These Terms of Use set out the legally binding terms and conditions applicable to the Site. These Terms of Use include ELS’s Privacy Policy, which is incorporated herein by reference. User represents and warrants that its agreement to be bound by these Terms of Use does not and will not violate any other agreement. In addition, by using the Site, User understands and agrees that these Terms of Use were provided to User and that User had an opportunity to review and decline to accept these Terms of Use.

2. The Site Offers a Venue. The Site offers a venue to connect those seeking home care services and housing with those seeking to provide such services. User understands and agrees that ELS has no control over the acts or omissions of any User on or off the Site and that ELS makes no representations or warranties about the quality of the services. User understands and agrees that ELS is not responsible for the performance or conduct, whether on or off the Site, of any User. As such, ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the Site.

3. Transactions are Between Users; Release. Users transact between themselves. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users.

4. Eligibility. To use the Site, User certifies that, as applicable: (a) it is at least 18 years old; (b) it has the right, authority and capacity to enter into these Terms of Use and to abide by all terms and conditions in these Terms of Use; and (c) it does and will comply with all relevant laws and regulations, including without limitation being authorized to work in the jurisdiction in which it seeks to provide services and meeting all licensing and certification requirements in its jurisdiction.

By using the Site, User understands and agrees that ELS may rely on the above certifications as true. User understands and agrees that ELS may change the eligibility conditions from time to time and require new conditions and certifications and that User will abide by same or discontinue using the Site.

User understands and agrees that ELS may not independently verify that any or all of the eligibility conditions are met by any other Users. User understands and agrees to make its own decisions and assessments about persons to engage. If ELS becomes aware of violations to the eligibility conditions by any other User, it may terminate and/or suspend such User’s use of the Site with or without notice. Each such terminated and/or suspended User agrees to make no further use of the Site after termination or during suspension. ELS reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against User for violating the eligibility conditions and/or continuing to use the Site after termination or during suspension, and User agrees that ELS may recover its reasonable attorney fees and court costs from User for such actions. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (1) any inaccuracy, untimeliness or incompleteness of a User’s eligibility conditions certification; or (2) any inaccuracy, untimeliness or incompleteness in any criminal background check, sex offender registry check, motor vehicle records check, identification verification or other information or service provided by a Verification Service (defined below), or (3) misstatements and/or misrepresentations made by any Users.

User hereby authorizes ELS to verify User’s representations and warranties herein, and User acknowledge that ELS reserves the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, identification verifications and/or using available public records, and to take such action as it deems appropriate in its sole discretion, including without limitation terminating and/or suspending User’s use of the Site, should it determine in its sole discretion, that User has violated any representation or warranty or any other provision of these Terms of Use.

5. Third Party Verification Services. ELS may utilize third party service providers that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks and identification verifications (“background checks”). ELS does not endorse or make any representations or warranties regarding the reliability of such background checks or the accuracy, timeliness or completeness of any information provided by such service providers. ELS does not independently verify information in the background checks. User hereby grants ELS access to the information in the background checks. User understands and agrees that ELS may, in its sole discretion, review and rely on the information in the background checks in deciding whether to terminate and/or suspend a User’s use of the Site or to investigate a complaint about a User, but that ELS shall not be responsible or liable in any way in the event that any information provided in the background checks about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of background checks may contact the service provider to dispute the accuracy, timeliness or completeness of such information. ELS reserves the right to terminate and/or suspend any User’s use of the Site based on information in the background checks or for any other reason in ELS’s sole discretion.

Records not available to background check service providers are not included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. Offenses for minors may not appear in the public record and are therefore not included in the results. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.

6. Use of the Site. User understands and agrees to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that ELS, in its sole discretion, finds inappropriate and/or offensive may result in termination and/or suspension with or without notice. ELS reserves the right to terminate and/or suspend with or without notice any User’s use of the Site at any time in its sole discretion, whether for any reason or no reason at all. User understands and agrees not to, and not to permit anyone else to:

  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

  • Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;

  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;

  • Take any action that would undermine any aspect of the Site;

  • Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;

  • Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;

  • Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site, except where sponsored or created by ELS;

  • Impersonate another person or allow any other person or entity to use your account;

  • Post the same content repeatedly or spam - spamming is strictly prohibited;

  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site;

  • Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);

  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or

  • Restrict or inhibit any other User from using and enjoying the Site.

ELS reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to ELS in its sole discretion. User may report any alleged improprieties by any User to ELS by email at support@ELS.com.

7. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User’s account. User agrees to immediately notify ELS of any unauthorized use of accounts or any other breach of security.

8. Links to Third Party Websites. The Site may contain links to third party websites, which are provided solely for convenience. User understands and agrees that ELS does not control or endorse such third party websites, the products or services made available by such third parties or any advertisements displayed in connection therewith. User understands and agrees that use of such third party websites is at their own risk, that such third party websites are governed by such third party’s terms of use and privacy policies, and that ELS is not responsible for the privacy practices or other policies of such third party websites. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services.

9. COPPA Compliance. The Site is intended for people 18 and older. ELS will not knowingly collect any information from children under the age of 13. User must identify their age during the registration process. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. ELS reserves the right to terminate and/or suspend the use of the Site of any User with or without notice who it believes have provided false information when registering for and/or using the Site and each User agrees to make no further use of the Site after termination and/or during suspension.

10. User Information. “User Information” is defined as any information, content and/or materials User posts on the Site, submits to ELS and/or submits to any other User on or through the Site or by any other medium or method. ELS will use User Information in accordance with the ELS Privacy Policy. ELS acts as a passive conduit for User Information and User is solely responsible for its User Information. User Information, including without limitation in connection with registration and Users’ profiles, is self-reported and User understands and agrees that ELS does not independently verify that any or all of the User Information is accurate, timely or complete. User understands and agrees to make its own decisions and assessments about persons to engage. ELS will not be responsible for the acts of other Users with respect to User Information. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts of or reliance upon by other Users with respect to such User Information and/or any comments made by User about others.

User represents and warrants that it is the owner or licensee or otherwise has the right to provide such User Information and User grants to ELS an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above.

User represents and warrants that its User Information: (a) shall not be inaccurate, untimely, incomplete or misleading, including without limitation in connection with registration, User’s profile and/or use of the Site; (b) shall not infringe any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance, or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care; (d) shall not be defamatory, libelous, threatening or harassing; (e) shall not be obscene or contain pornography or be harmful to minors; (f) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; (g) shall not create liability for ELS or cause ELS to lose (in whole or in part) the services of the ELS ISPs or other partners or supplies. ELS may, but is not obligated to, review or delete any User Information that, in ELS’s sole discretion, violates these Terms of Use. If ELS becomes aware of inaccurate, untimely, incomplete or misleading User Information, it may terminate and/or suspend such User’s use of the Site with or without notice. Each such terminated and/or suspended User agrees to make no further use of the Site after termination or during suspension.

11. Prohibited Uses. User may not collect User Information or any other information, materials or content on the Site, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate Site information, materials or content, using manual or automated means, including without limitation though web scraping, without express written permission from ELS. Should ELS have a reasonable basis to believe that User violated the terms of these Terms of Use, ELS reserves the right, at its sole discretion, to terminate and/or suspend use of the Site at any time and/or assess a $10,000 daily penalty fee for scraping and/or recruiting, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and/or injunctive relief.

12. Fair Credit Reporting Act. If Verification Services that are governed by the Fair Credit Reporting Act, 15 USC 1681 ("FCRA") are used, User hereby represents and warrants that it will comply with the FCRA, which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov. ELS provides a summary of FCRA rights for Users who authorize such Verification Services, and ELS also provides notice when ELS elects to terminate Users based on information provided by such Verification Services. User agrees to comply with any applicable provisions of the FCRA relevant to them at all times. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the use and sharing of any information provided by Verification Services.

13. Billing and Payment Policy. ELS reserves the right, at any time, to modify its fees and/or billing methods. Upon registration for either the subscription program or the pay per lead program, User agrees to pay ELS at the prices, frequency and method chosen by User, and User authorizes ELS to charge its chosen payment provider in connection therewith. Any questions or issues regarding payments or payment obligations must be submitted in writing within seven (7) calendar days of such payments being made or payment obligations coming due, otherwise such payments and/or payment obligations shall be deemed accurate and final and accepted as such by User. For further information about billing and payment policies, please contact ELS by email at information@elderlivingsource.com. ELS reserves the right to correct any payment errors even if it has already requested and/or received payment.

ELS may use third party payment processing services to process credit card information. While ELS will use commercially reasonable efforts to protect the privacy of all personal and financial information, ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to ELS’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about ELS’s use of payment processing services, please contact ELS by email at information@elderlivingsource.com.

14. Term, Termination and Cancellation. SUBSCRIPTION PROGRAMS AND PAY PER LEAD PROGRAMS WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE TERM ORIGINALLY SELECTED UNTIL USER REQUESTS A CANCELLATION. TO CANCEL, USER MAY CONTACT ELS BY PHONE AT 888-213-2731, BY EMAIL AT INFORMATION@ELDERLIVINGSOURCE.COM, OR BY CHANGING USER’S ACCOUNT SETTINGS. If User cancels its subscription program or pay per lead program, User will have access to the benefits until the end of the then-current term. User will not be eligible for a refund of any portion of the subscription program or pay per lead program fees paid for the then-current subscription program or pay per lead program period. ELS is not responsible for and will not reimburse any fees incurred by Users from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by ELS.

ELS may terminate and/or suspend a User’s use of the Site for any reason or for no reason at all and with or without notice and/or refund, all in ELS’s sole discretion. Termination and/or suspension of a User’s use of the Site may also include the deletion of the content associated with the User’s account. Even after the User's use of the Site is terminated and/or suspended, these Terms of Use will remain enforceable against such terminated or suspended User. All other terms that by their nature may survive termination of these Terms of Use shall also be deemed to survive such termination.

15. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site, including without limitation blogs or other social media sites, are for informational purposes only. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. ELS expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site, including without limitation on any blogs or social media sites.

16. Indemnification. User agrees to indemnify, defend, and hold harmless ELS from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by ELS in any way related to User’s: (i) acts and/or omissions on or off the Site, including negligence, gross negligence and/or intentional misconduct; (ii) breach of these Terms of Use; (iii) disputes with or between other Users; (iv) use and/or misuse of the Site, including without limitation any information, content and/or materials thereon; (v) violation of any applicable law; (vi) inaccurate, untimely, incomplete or misleading User Information, including without limitation with respect to registration, profile, eligibility conditions and information submitted to a Verification Service; (vii) misstatements and/or misrepresentations; (viii) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (ix) User Information and any acts or omissions with respect to such User Information; (x) use of any information provided by Verification Services; (xi) use of third party payment processing services; and (xii) use of any services or products or any contracts or arrangements made or provided based on information obtained on or through the Site. User further agrees that it will cooperate as requested by ELS in the defense of such claims. ELS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and User shall not, in any event, settle any claim or matter without the written consent of ELS.

17. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site is owned by ELS or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. ELS also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without ELS's prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject User to termination and/or suspension from the Site and/or civil and/or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of ELS and/or the relevant right holder.

The service marks, trademarks, logos and trade names appearing on this Site are owned by ELS or are appearing on the Site with permission of the respective owners and User acknowledge the rights of ELS and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.

18. Copyright Complaints and Copyright Agent. It is ELS’s policy to terminate any User who infringes the rights of others upon receipt of notification to ELS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. Upon receipt of proper notice of claimed infringement under the DMCA, ELS will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site in a way that constitutes copyright infringement, please provide ELS’s designated agent with the following information:

  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site where the material the User claims is infringed is located. Include enough information to allow ELS to locate the material;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  • A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ELS's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail informatoin@elderlivingsource.com, with the subject line “DMCA” or by mail, General Counsel and Copyright Agent, ELS, 20 West Kinzie Street #1500, Chicago, IL 60654.

19. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by ELS, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov in the whitepaper entitled Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.

20. Privacy Policy. ELS's Privacy Policy located on the Site as modified by ELS from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using the Site, User understands and agrees that User has reviewed and agrees to the Privacy Policy.

21. U.S. Export Controls. The Site is subject to United States export controls. No part of the Site may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.

22. No Third Party Beneficiaries. User understands and agrees that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

23. Limited License. ELS grants User a nonexclusive, revocable right to use the Site for the authorized purposes stated in these Terms of Use provided that User does not: (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (ii) modify or attempt to modify the Site in any manner or form; or (iii) violate these Terms of Use.

24. Modifications to the Site. ELS reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site with or without notice to Users. User agrees that ELS shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof.

25. No Joint Venture. User acknowledges that it is not legally affiliated with ELS in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on ELS, except as provided herein or authorized in writing by ELS. ELS is not an employment service and does not serve as an employer of Users.

26. Limitations on Use. In the interest of maintaining the performance and availability of the Site and in enforcing these Terms of Use, ELS reserves the right to place certain limitations on Users’ access to the Site. User acknowledges that this term supersedes any specific offer made by ELS and that these limitations may be enforced in ELS’s sole discretion. If User feels that these limitations are interfering with legitimate use of ELS in keeping with the Terms of Use, User agrees to refer this concern to ELS and abide by the determination of the ELS.

27. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. ELS DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; AND, (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS. ELS DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. ELS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. ELS SHALL NOT BE LIABLE FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE.

28. Assumption of Risk. User assumes all risks when using the Site, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions when interacting with other Users.

29. Limitation of Liability. Under no circumstances will ELS be liable to User or any OTHER USER OR third party for any DIRECT, indirect, incidental, consequential, special, punitive or exemplary damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, the aggregate liability of ELS will not exceed the total amounts paid by User in the twelve (12) months prior to the event giving rise to the claim or cause of action or one thousand dollars, whichever is greater.

30. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.

31. Arbitration. Any controversy, claim, suit, injury or damage arising from or in any way related to the Site or Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by ELS. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. ELS may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.

32. General Provisions. Failure by ELS to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Site, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. These Terms of Use constitute the entire agreement between User and ELS with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. Either party may assign its rights hereunder to a successor in interest to a material portion of its business, provided that such assigning party provides notice of the assignment to the other party within thirty (30) days of the assignment.

33. Confidential Information. User shall keep and protect all confidential information received from ELS confidential as it protects its own most confidential information and shall not share such information with any third party, except to the extent that disclosure or use of such information is reasonably necessary to perform its obligations in connection with these Terms of Use and to be in compliance with applicable law. These obligations of confidentiality shall not apply with respect to information that is independently developed, lawfully becomes a part of the public domain, or where User gained knowledge or possession free of any confidentiality obligation. The confidentiality obligations hereunder shall survive any expiration or termination of these Terms of Use forever.

34. Contact. ELS may be contacted at:

By email: information@elderlivingsource.com
By phone: (888) 213-2731
By mail: Elder Living Source, 20 West Kinzie St. #1500, Chicago, IL 60654