Terms of Use

Welcome to our website for Atria Senior Living, Inc. (“Atria”). We offer this site to help residents and prospective residents and their families make decisions regarding senior living and senior care. We have established a few ground rules to help make this site helpful and safe for all our visitors. Please carefully read all of these terms and conditions (the “Terms of Use”) prior to using this site. If you do not agree to these Terms of Use or the Privacy Policy, do not use this website.

Applicability & Acceptance of Terms

By using this site, you expressly agree to these terms and conditions without limitation or qualification. If you choose not to agree to these terms, then you may not use this site. Atria reserves the right to change these terms and conditions at any time without prior notice to you. You agree that each visit you make to this site shall be subject to the then-current Terms of Use. By accessing and/or browsing this site, you accept without limitation or qualification these Terms of Use and acknowledge that any other agreement between you and Atria regarding the subject matter hereof is superseded and of no force or effect.

Right to Use Site

You represent and warrant to Atria that you are at least 18 years of age or have obtained the prior consent of your parents and that you possess the legal right and ability to enter into this Agreement, including without limitation that you have the authority to contractually bind the organization that you represent.

Privacy Policy

Atria cares about your privacy concerns. For additional information, please read our privacy policy in full, which is incorporated into and made part of this Terms of Use.

Copyright

This site, including all material contained in this site, is protected by copyright unless specifically indicated otherwise. The protected materials include but are not limited to text, graphics, photographs, videos, logos, buttons, icons and images. Such material may not be used except as provided in these terms and conditions without the express written permission of Atria. Subject to these terms and conditions, Atria grants you limited, revocable, non-transferrable, and non-exclusive permission to access and use this site only to display the site on your Internet browser and to print or copy portions of this site solely for your personal, non-commercial use only, provided that you retain all copyright and other ownership notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or develop derivative works from such materials, or otherwise use the contents of the site for public or commercial purposes. This includes the use of any text, images, audio and/or video without express written permission of Atria. The images of people or places displayed on this site are either owned by Atria or are used with permission. The use of these images is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.

Notice of and Procedure for Copyright Infringement

Atria respects others’ intellectual and proprietary rights. In accordance with the Digital Millennium Copyright Act, Atria has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site, please send Atria’s Designated Agent (identified below) a notice containing the following:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
2. A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
3. A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that Atria can locate the material;
4. Your name, address, telephone number and email address;
5. A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
6. A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING ATRIA THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO ATRIA’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE EMAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.

Contact Information

Please send any notices, questions, comments or concerns regarding this website (other than notifications of claimed copyright infringement) to:

Trademarks

ATRIA^® is a registered trademark of Atria, in the United States of America. The mark ATRIA and other word marks, slogans, logos and trade names of Atria may be used on this site (collectively the “Trademarks”). Atria’s Trademarks may not be used without Atria’s express written permission. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Atria. All other trademarks not owned by Atria or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Atria or its affiliates.

Availability and Use of Site

Access to this site may be interrupted from time to time and may not be error free or bug free. The availability of this site depends on many factors, including some factors that are beyond Atria’s control, such as your connection to the Internet and the Internet backbone. Atria shall not be liable to you if you cannot use this site due to any reason beyond Atria’s control.

Disclaimers of Warranties and Limitations on Liability

THIS SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS. Atria makes no representations or warranties of any kind, express or implied, as to the operation of this site or to the information contained therein. This includes, but is not limited to, the text, reviews, graphics, audio, video, downloads, attachments, icons, buttons, images, services and products contained on this site. Atria fully disclaims, to the full extent permissible under applicable law, all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Atria nor any other person or entity involved in creating, producing or delivering this site, shall be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order and display), or metrics found on, used on, or made available through the site. This limitation of liability applies without limitation to any damages or injury caused by any failure of 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 record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Atria shall not assume responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site, or of your downloading of any materials, data, text, images, video, or audio from this site. Atria assumes no responsibility or liability arising from the content of this site, as well as any offsite pages or additional sites linked to this site, for any error, defamation, invasion of privacy, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein. Atria may fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person posting any such information or materials.

Accuracy of Web Sites Including Future Revisions

While Atria uses reasonable efforts to include accurate, up-to-date information on this site, Atria does not make any representations or warranties as to the site’s accuracy. Atria assumes no responsibility or liability for any errors or omissions in the content of this site. Atria does not warrant or represent that your use of materials on this site will not infringe rights of third parties not owned by or affiliated with Atria, and you assume any such risk associated with your use of this site.

Links

As a courtesy to you, this site may offer links to other websites. Some of these sites may be affiliated with Atria, while others are not. Atria has not reviewed all other sites which may be linked to this site and is not responsible for the contents of any off-site pages or any other sites linked to this site.

Confidential Information

DO NOT SEND ANY CONFIDENTIAL INFORMATION OR PATIENT HEALTH INFORMATION TO THIS SITE. Any communication or material that you transmit to this site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and non-proprietary. You agree that such information is non-confidential and non-proprietary. Anything that you transmit or post to this site may be used by Atria or its affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Atria is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this site for any purpose whatsoever.

User Conduct

You are the sole person that is responsible for any and all information that you post, upload, email or transmit to or from this site, including, but not limited to, all information, reviews, data, text, software, music, sound, photographs, graphics, video, audio, messages, or other material. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not collect or store personal information about other users or stalk or harass another user.

Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your content” means content that you submit or transmit to, through, or in connection with the site such as ratings, reviews, compliments, and information that you publicly display. You alone are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content including anyone’s reliance on its quality, accuracy, or reliability or any disclosure by you of information in your content that makes you personally identifiable. You may not imply that your content is in any way sponsored or endorsed by Atria. You own your content. However, you hereby grant to Atria the perpetual, irrevocable, and royalty-free right and license to use your content in a number of different ways including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works from your content. Moreover, Atria may alter or modify your content, or remove your content from the site entirely, in its sole discretion and without requiring your permission or notice to you. However, Atria owns the Atria content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including but not limited to our compilation of user content and other site content, computer code, products, software, aggregate user review ratings, and all other elements and components of the site excluding your content, user content and third party content. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content. It is a violation of our User Conduct guidelines to, for example, write a fake or defamatory review, trade reviews with other businesses, or compromise someone or be compensated to write a review. You also agree not to, and will not assist, encourage, or enable others to access, retrieve or index any portion of the site for purposes of constructing or populating a searchable database of business reviews.

Reviews

Reviews shall be accurate and not misleading, indicative of a personal experience, and apply directly to the community upon whose page it is left by the reviewer.

Termination

In addition to any other legal or equitable remedies, Atria may, without prior notice to you, deny your access to and use of this site, in whole or in part, and/or revoke any or all of your other rights granted under this Agreement. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.

Indemnity

You agree to indemnify, defend, and hold harmless Atria, its subsidiaries and affiliates, agents, officers, directors, attorneys, or other employees from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from content you submit, post, transmit, or make available through this site, your use of this site, your connection to this site, your violation of these Terms of Use, or your violation of any rights of another.

Applicable Law & General Information

This site is created and controlled by Atria in the Commonwealth of Kentucky, USA. As such, the laws of the Commonwealth of Kentucky shall apply to these Terms of Use, including the Atria Privacy Policy, without giving effect to any principles of conflicts of laws. You agree to submit to the personal jurisdiction of the state and federal courts located in the Commonwealth of Kentucky for any claim or dispute against Atria arising under these Terms of Use, including the Atria Privacy Policy. This provision shall survive termination for any reason.

This shall be the entire agreement, superseding all prior agreements between you and Atria regarding this site. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. In such event, the remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

You must file any claim arising from the use of this site within one year from the date on which the claim arises. The failure of Atria to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Finally, the section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever.