This document (the “Terms of Service”,) explains how we will work together and governs the relationship between you, the Provider, and SNAPforSeniors®. Please contact us if you have any questions. By submitting profile information and making use of our service you agree, for yourself and on behalf of your company (“you” or “your” or “Provider”), to the terms of this Agreement and you acknowledge that you have read and fully understand this Agreement.
1. SNAPforSeniors, Inc. (“Company”) is an information and publishing company serving consumers, professionals, associations, private and government organizations. As managers of provider information across multiple categories of services, the Company provides data quality assurance, publishing and promotional marketing services that match requests from potential customers (“Users or Buyers”) with providers who offer housing, home care, financial, legal, adult day care, transportation, clinical, or other products or services that may be able to meet User’s needs. SNAPforSeniors also licenses its provider database to third parties, collectively referred to as the Alliance Network . SNAPforSeniors Alliance Network partners and licensees act as the venue for Users to source and screen provider options that best meet their needs using detailed data collected and maintained by the Company.
2. Member Administrator. By completing a Profile in the SNAPforSeniors system, you agree to designate at least one person on your SNAP-Profile that is authorized to create, update or delete information as your Member Administrator and who has the authority to elect listing upgrades, authorize payment, and act as the single point of accountability between SNAPforSeniors® and your organization. In addition, the Member Administrator is authorized to create and manage other users within your business organization. You agree to defend, indemnify and hold SNAPforSeniors and its shareholders, officers, directors, employees, successes and assigns harmless (including attorney’s fees and costs) from any claims that arise out of your or the Member Administrator’s failure to maintain accurate information on your SNAP-Profile or take actions authorizing payment or action on the part of SNAPforSeniors.
3. SNAP-Profile. By submitting information through a SNAP-Profile, you are expressly granting to SNAPforSeniors a universal perpetual, transferrable, irrevocable license to use, display, sell, rent, copy or otherwise distribute this information to its clients, licensees, partners and affiliates. You expressly warrant that you are authorized to submit such information and that all information submitted is true and accurate in every respect. You also agree to update and maintain this information to the best of your ability. If provider data is not sourced by SNAPforSeniors from a recognized regulatory agency or otherwise known and authenticated source, SNAPforSeniors reserves the right to request third party documentation to support representations made by provider.
4. Display and use of Information. Once your information is submitted to SNAPforSeniors, it is eligible to be licensed, published and displayed on a variety of websites, applications and other publishing mediums. SNAPforSeniors reserves the right to remove your information from its network at any time and for any reason, as do all of its partners, subsidiaries and licensees. All information submitted to SNAPforSeniors becomes property of SNAPforSeniors, who, in its sole discretion, shall determine what portion of your information submitted, if any, is made available on any of its participating publishing venues or partner venues.
5. Confidentiality & Privacy. You agree that this Agreement and all user registration and subscription forms/information are confidential and will not be shared with or disclosed to third parties. You agree to fully comply with all regulations and commitments that govern your industry, including, but not limited to, all privacy and confidentiality regulations and laws.
6. Referrals. You understand and agree that SNAPforSeniors is not a referral agency or endorsement service. We do not coordinate direct service placement or contracts between consumers and providers. We do not pay for services on behalf of consumers. We have no part in, and take responsibility for, the final decisions of any consumer or professional advocate regarding their selection of service providers. SNAPforSeniors may forward or cause to be forwarded consumer or professional inquiry information to a listed provider. This information is the property of SNAPforSeniors and may not be used for any purpose other than the direct response and handling of an authorized member of the Provider’s staff. Consumer inquiry information or “Leads” may not be re-sold, packaged, data-mined or otherwise commercially marketed to any third party. Any attempt to do so is cause for immediate termination of any or all agreement(s) by SNAPforSeniors.
7. Optional Services and Upgrades. SNAPforSeniors may offer a variety of optional provider services and upgrades with associated costs, such as photos, virtual tours, availability postings, electronic messaging, premium listings, lead generation services, banner advertising and hosted website development and maintenance. If you choose to purchase one or more services or upgrades, you agree to make payments to SNAPforSeniors® as explained in the then-current fee schedule, and you understand and agree that all your payments are non-refundable and non-transferable. Prepayment must be secured before optional upgrades will be made available by SNAPforSeniors. As such, you agree to have SNAPforSeniors process the appropriate service charge according to the billing or credit card instructions provided to SNAPforSeniors by a Member and/or Member Administrator, including charging your designated credit or debit card on record at the time of your purchase. You understand and agree that any failure to comply with this Agreement may result in a revocation of your service or upgrade with no refund of any portion of the fees.
8. Intellectual Property. You agree that all data, content, photographs, video tours, audio files, and any other materials created (i.e. your completed SNAP-Profile Form) by or for you and provided to SNAPforSeniors (the “SNAP-Profile Content”) will be owned exclusively by SNAPforSeniors , except for content licensed by you or others that is provided for use on the SNAPforSeniors service and your SNAP-Profile. If your trademark or service mark appears in your SNAP-Profile, you grant to SNAPforSeniors the perpetual and transferable right to use your mark(s) in the SNAPforSeniors service and in our collateral marketing and promotional materials.
9. Other Promises. You represent and warrant: (i) that you are in compliance with all state and federal laws and regulations that govern your industry or services; (ii) that the information you provide for your SNAP-Profile is accurate and up-to-date, and that the person that completes and signs your SNAP-Profile is authorized to do so on your behalf (iii) that you have the right to convey all rights in and to any information, content and materials you provide to SNAPforSeniors for use on the SNAPforSeniors service, as well as having the rights to all updates thereto that are provided to SNAPforSeniors (iv) that you have the right to allow SNAPforSeniors to use all trademarks or service marks that may appear on your SNAP-Profile. You agree to indemnify, defend and hold SNAPforSeniors and its shareholders, officers, directors, employees, successors and assign harmless (including attorneys’ fees and costs) from any allegations claiming a breach of the promises in this Agreement.
10. Termination of Listing. You agree to inform SNAPforSeniors immediately upon receipt of any notice from any local, state or federal agency that indicates that you are no longer able to legally provide the service you have profiled on SNAPforSeniors, or that your company is in receipt of any notification to cease and desist professional services for any reason whatsoever. SNAPforSeniors reserves the right to terminate or remove any or all information from its data service and associated websites for any reason whatsoever without notification to the Provider or Member Administrator.
11. Limitation of Liability. THE SNAPFORSENIORS® SERVICE IS PROVIDED “AS IS.” SNAPFORSENIORS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither party shall be liable to the other for lost profits or special, incidental, statutory, consequential or punitive damages, or cost of procurement of substitutes, arising out of or in connection with this Agreement or the relationship between the parties. You agree that the maximum liability SNAPforSeniors shall have to you in law, tort, equity or under any state or federal statute or regulation shall be the greater of the total amount you paid SNAPforSeniors in the immediate 6-month period, or $5.00. Some states or jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or indirect damages, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You assume all responsibility for compliance with applicable local, state, and federal laws involving misuse, mishandling, or improper usage of storage of consumer information obtained through the SNAPforSeniors service.
12. Disputes and Governing Law. This Agreement and the relationship between SNAPforSeniors® and you, your employees shall be governed by Washington law without regard to its conflict of law principles. If any disputes arise, the parties shall appoint a single authorized person to attempt to resolve the issue on the phone with the other through good faith discussions and negotiations. If either party believes the other is in material breach of this Agreement, then that party must give the other written notice of the issue and allow 30 days to cure. No lawsuits shall be filed during this 30-day period. All lawsuits between the parties shall be filed exclusively in the state or federal courts sitting in Seattle, Washington, and the parties consent to the exclusive venue and jurisdiction of such courts. The prevailing party in any such action will be awarded its reasonable attorneys’ fees and costs incurred in any such dispute, including all fees and costs incurred on appeal or in the collection of any judgment.
13. Changes to Terms. From time to time, and without required notice to Providers, SNAPforSeniors may change certain terms of service or add additional programs which would be referenced or included in the Terms of Service. All program participation, marketing fees, upgrade fees or other financial or marketing relationships between the parties is subject to the then-current terms of service. It is incumbent on the Provider to review the then-current terms of service prior to beginning of any program and the Provider is responsible for understanding these terms.