Terms of Use | Privacy Policy 2017-07-05T21:35:57+00:00

Website Terms of Use and Privacy Policy

July 1, 2017

Cadence Senior Living, LLC (“Cadence” or the “Company” “we” or “us”) offers websites connected with cadenceorange.com & cadencesl.com (the “Sites”) in which the Company offers information, documents, graphics, artwork, video, audio, photographs and various other material (“Content”) which are subject to the terms and conditions set forth in these Terms of Use, specifically including the Privacy Policy found at the end of this document (collectively the “Terms of Use”). By accessing the Sites, you accept these Terms of Use, included the incorporated Privacy Policy. If you do not wish to agree to these Terms of Use or the incorporated Privacy Policy, you must not use or access the Sites.

Cadence reserves the right to change these Terms of Use at any time, at its own discretion and without direct notice to you; however, all such changes will be posted to this webpage and are effective immediately when they are posted. Because any changes to these Terms of Use, including the incorporated Privacy Policy, are binding on you, Cadence expects that you will review the Terms of Use and Privacy Policy from time to time so that you are aware of any changes to them. The Terms of Use and Privacy Policy that are applicable to you at any given time are the then-current Terms of Use and Privacy Policy. In addition, by using or viewing the Sites, you accept any changes to the Terms of Use and Privacy Policy.

The Sites are offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. We make no claims that the Sites or any of their content are accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By using the Sites, you represent and warrant that you are 18 years of age or older and meet the foregoing eligibility requirements. If you are not 18 years of age or older or if you reside outside the United States or any of its territories or possessions, you must not access or use the Sites.

Intellectual Property Rights

The Sites, including all of their Content, features, functionality, and the design, selection and arrangement thereof, is the property of Cadence or its licensors, and is protected by United States and international laws governing copyright, trademark, patent, trade secret and design rights. Any unauthorized use of the Content, features, functionality, or the design, selection and arrangement thereof, will be considered a violation of Cadence’s intellectual property rights. Unless otherwise stated in this document, Cadence and its suppliers reserve all tacit and direct rights to patents, trademarks, copyrights or confidential information relating to the Content. Unless otherwise stated in this document, no Content may be copied, distributed, published or used in any way, in whole or in part, without prior written agreement from Cadence, except as allowed by the limited license contained in these Terms of Use. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Sites.

Cadence trademarks, logos, and subsidiary names appearing in the Sites, except as otherwise noted, are trademarks owned or used under license by Cadence or its affiliates in the geographic regions where Cadence markets products bearing such trademarks. The use or misuse of these trademarks or any other content on the Sites, except as provided in these Terms of Use or in the Content, is strictly prohibited. Nothing contained on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Cadence trademark without Cadence’s prior written permission.

Limited License

Unless otherwise indicated on the Sites, Content may be downloaded or printed under the following terms and conditions:

  • The Content may only be used for personal or educational purposes and not for public or commercial purposes;
  • The Content may not be modified in any way;
  • The Content may not be distributed, sold or republished;
  • Any copyright notices or other ownership notices on the documents, information and Content must be preserved in any copy or printed copy;
  • The rights granted to you are part of a license agreement and do not constitute a transfer of property; and
  • You may not create a website that frames the Sites or any trademark or proprietary information located on the Sites without Cadence’s written permission. You may not use meta tags or any other type of hidden text utilizing Cadence’s name or trademarks on a website without Cadence’s written permission.

    Cadence reserves the right to withdraw this limited license at any time. Moreover, the rights provided in this limited license do not apply to the design and layout of the Sites. The design and layout of the Sites are protected by copyright and other laws and are the property of Cadence and may not be copied or reproduced in whole in part.
    Prohibited Uses

    You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You may not restrict, discourage or inhibit any person from using the Sites, disclose personal information on the Sites or obtained from the site or collect information about users of this site. You may not misrepresent your identity or affiliation in any way. You are responsible for all use of our services and the Sites, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to the site via your computer.

You further agree not to use the Sites:

  • In any way that violates federal, state, local or international laws or regulations;
  • For the purpose of exploiting or harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifying information, or any other way;
  • To transmit, or procure the sending of, any advertising or promotional material, including “junk mail”, or “spam”, or any other solicitation;
  • To impersonate or attempt to impersonate Cadence, a Cadence employee, another user of the Sites, or any other person or entity associated with Cadence; or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by Cadence, may harm Cadence or users of the Sites or expose them to liability.

Accessing the Sites and Account Security

Cadence reserves the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. Cadence will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Sites, and ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.

To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete. You agree that all information you provide to register with the Sites, request information through the Sites, or otherwise, including but not limited to through the use of any interactive features on the Sites, is governed by the incorporated Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Additionally, Cadence does not seek, and you must not provide, information detailing or relating to any medical conditions, health information, or illnesses pertaining to you or any other person.

System Integrity

You will not knowingly use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You will not knowingly take any action which imposes an unreasonable or disproportionately large load on the Sites’ infrastructure. You may not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment. You may not “flood” or disrupt the Sites through any means or process such as launching or using any automated system, including but not limited to, “robots,” “spiders,” or “offline readers.”

Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. While Cadence endeavors to present up-to-date and accurate information through the Sites, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cadence, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Cadence. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Sites

We may update the content on this Sites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Sites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party sites to certain content on the Sites.
  • Send e-mails or other communications with certain content, or links to certain content, on the Sites.
  • Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party sites.

You may use these features solely as they are provided by Cadence, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any site that is not owned by you;
  • Cause the Sites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the Sites other than the homepage; or
  • Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

DISCLAIMERS

The Content published on the Sites may contain technical inaccuracies or typographical errors. The Content of the Sites is periodically modified. Cadence and/or its suppliers reserve the right to modify the Content at any time.

You understand that Cadence cannot and does not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. CADENCE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY SITE LINKED TO THEM.

YOUR USE OF THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CADENCE NOR ANY PERSON ASSOCIATED WITH CADENCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER CADENCE NOR ANYONE ASSOCIATED WITH CADENCE REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CADENCE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL CADENCE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY SITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Cadence, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, any use of the Sites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.

Governing Law and Jurisdiction

Cadence is located in Scottsdale, Arizona. All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States located in the District of Arizona or the courts of the State of Arizona located in and for the County of Maricopa. Notwithstanding the foregoing, Cadence retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Cadence of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cadence to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Cadence with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

Your Comments and Concerns

The Sites are operated by Cadence. Comments, feedback, or concerns regarding the Sites may be directed to:info@cadencesl.com or via mail to:

Cadence Senior Living
14550 N. Frank Lloyd Wright Blvd.
Suite 200
Scottsdale, AZ 85260

PRIVACY POLICY

Cadence respects the privacy of visitors to the Sites. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the (the “Sites”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • On the Sites;
  • In e-mail, text and other electronic messages between you and the Sites;
  • When you provide personally identifying information (such as you name, address, phone number, and e-mail address) through the Sites, for example when you fill out forms found on some pages within the Sites.

It does not apply to information collected by:

  • Cadence offline or through any other means, including on any other website operated by Cadence or any third party, including our affiliates and subsidiaries; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from the Sites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Sites. By accessing or using the Sites, you agree to this Privacy Policy. Please note, as explained in the Terms of Use, above, this Privacy Policy may change from time to time, and your continued use of the Sites after we make changes is deemed to be acceptance of those changes. Therefore, we expect that you will check the policy periodically for updates.

Children Under the Age of 13

The Sites is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@cadencesl.com.

Information We Collect About You

We collect several types of information from and about users of the Sites. We may collect personally identifiable information (“PII” – for example, your full name, email address, mailing address, or telephone number) from you when you voluntarily submit this information to us via one of the forms available on the Sites. Cadence will not collect any PII through this site unless you provide it, for example, by entering it on a form when requesting additional information from Cadence. If you do not wish for Cadence to have any of your PII, do not submit it to Cadence through the Sites. When you do provide PII to Cadence, we may store, process and use such it for the following purposes:

  • To send you information or other material you have requested;
  • To assist Cadence in improving its products, services or the Content of the Sites;
  • For for Cadence’s internal marketing and research purposes;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To notify you about changes to our Sites or the products or services we offer or provide;
  • To fulfill any other purpose for which you provide it;
  • In any other way we may describe when you provide the information;
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Cadence, our customers or others; and
  • For any other purpose with your consent.

Cadence may also provide your Personal Information that we collect from you as described in this Privacy Policy to our subsidiaries, affiliates and agents acting on its behalf in connection with the activities described above; to contractors, service providers and other third parties we use to support our business; to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Cadence’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Cadence about our Website users is among the assets transferred.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.
    This form of information does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. We will use It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
    • Estimate our audience size and usage patterns.
    • Store information about your preferences, allowing us to customize our Website according to your individual interests.
    • Speed up your searches.
    • Recognize you when you return to our Website.
    • The technologies we use for this automatic data collection may include the following:

    • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
    • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit , for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Google Analytics

We also use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@cadencesl.com or write us at:
Cadence Senior Living
14550 N. Frank Lloyd Wright Blvd.
Suite 200
Scottsdale, AZ 85260.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls, and we implement data encryption and network security measures to protect your information. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.

External Privacy

Cadence is not responsible and cannot vouch for the privacy practices of other web sites, including web sites that are linked to the Sites. Once you leave the Sites, you are subject to the privacy policy of the web site you are currently browsing.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Correcting Personal Information

If you wish to review or correct any of your Personal Information that Cadence received from you, send an e-mail with “Personal Information Request” in the subject field to info@cadencesl.com.