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PLEASE READ CAREFULLY
Welcome to the MBK Senior Living LLC ("MBK Senior Living") website
(the "Website"). Please carefully read this Terms of Use, which contains
the terms and conditions for its use ("Terms") before using the Website.
By accessing, browsing and using the Website or providing any information
to MBK Senior Living you indicate that you agree to the Terms contained
in this agreement.
Acceptance of Terms
This Terms of Use is a legally binding agreement between you, any
third party to whom you provide or allow access to the Website or
who otherwise benefits from your use of the Website (collectively
sometimes referred to herein as "you" or "your"), and MBK Senior
Living. If you do not agree to the Terms, do not access, browse or
use the Website. MBK Senior Living may amend the Terms from time
to time without notice to you, other than posting the amended Terms
to the Website and changing the version number of this Terms of Use
which is noted just below the first line of under the Terms of Use
title. In addition, use of particular services or information on
the Website may be subject to additional terms and conditions that
will be available in connection with such services and information.
Unless otherwise agreed to in writing between you and MBK Senior
Living, the Terms, as amended, shall govern your use of the Website.
Privacy Policy
Information that you provide to MBK Senior Living via the Website
is subject to our Privacy Policy. For more information, please read
our full Privacy Policy at http://www.mbkseniorliving.com/service/terms/privacy.html.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. MBK SENIOR LIVING EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA,
PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED
TO OR IN CONNECTION WITH THE WEBSITE.
ALTHOUGH MBK SENIOR LIVING ATTEMPTS TO PROVIDE YOU WITH ACCURATE
INFORMATION, THIS WEBSITE IS INTENDED TO BE FOR INFORMATIONAL PURPOSES
ONLY. PRODUCT AND OTHER INFORMATION, INCLUDING PRICING, AVAILABILITY
ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU AND MAY NOT
BE ACCURATE, COMPLETE, CURRENT OR RELIABLE.
MBK SENIOR LIVING MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET
YOUR EXPECTATIONS, (2) THE WEBSITE CONTAINS ACCURATE, COMPLETE, CURRENT
OR RELIABLE INFORMATION, (3) MBK SENIOR LIVING WILL UPDATE THE INFORMATION
ON THE WEBSITE, (4) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE (5) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, OR
(6) THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, ERRORS OR
OTHER LIMITATIONS.
ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND
RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OR 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 RECORDS OR SERVICES,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR
UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability
YOU AGREE THAT MBK SENIOR LIVING SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MBK SENIOR LIVING HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM THE USE OR INABILITY
TO USE THE WEBSITE; OR (3) ANY OTHER MATTER RELATING TO THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL
ELEMENTS OF THIS TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT MBK
SENIOR LIVING WOULD NOT BE ABLE TO PROVIDE THE WEBSITE WITHOUT SUCH
LIMITATIONS.
Product Information
Due to MBK Senior Living's continuing effort to meet consumer expectations,
MBK Senior Living reserves the right to modify plans, lots, features,
specifications, availability, amenities and services without prior notice
to you or obligation to notify you. All square footages posted on
the Website are approximate. Product and other information posted
to the Website is subject to change at any time and may not be accurate,
complete, current or reliable. You should not assume that MBK Senior
Living has updated the information, materials or other content on
the Website. No information or content provided on the Website shall
be construed to be an offer or solicitation for sale. Please consult
a MBK Senior Living Sales Representative for current product information
for each community.
MBK Senior Living's Proprietary Rights, Limited Licenses,
Trademarks and Trade Secrets
You acknowledge and agree that any content used in connection with
the Website, including any software accessible through the Website,
contains MBK Senior Living's proprietary and confidential information
that is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. "MBK", "MBK Senior Living" and
all other MBK Senior Living's product and service names and design
logos are trademarks and/or service marks of MBK Senior Living LLC
and/or its affiliates (the "MBK Marks"). As between you and MBK Senior
Living, MBK Senior Living shall own all right, title and interest
in and to the MBK Marks. Subject to the Terms, MBK Senior Living
grants you a personal, non-transferable and non-exclusive right and
license to use the Website. You are not permitted to (and may not
allow any third party to) copy, modify, adapt, translate, lease,
rent, loan, distribute, create a derivative work of, reverse engineer,
disassemble, decompile, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Website. You agree
not to modify any software on the Website in any manner or form or
to use modified versions of the software. Without MBK Senior Living's
prior permission, you agree not to display or use the MBK Marks in
any manner. MBK Senior Living reserves all patent, copyright, trade
secret, trade name, trademark, service mark, license and other proprietary
rights related to the Website, its software and services and you
shall not infringe upon or violate such rights.
The license provided herein shall automatically terminate on the
date MBK Senior Living decides to remove or terminate the Website.
In addition, your license shall terminate immediately if you breach
any of the Terms and MBK Senior Living is entitled to enforce its
rights under this Terms of Use by an action for damages or by specific
performance, injunctive or other equitable relief. This Terms of
Use does not limit any rights that MBK Senior Living may have under
trade secret, copyright, patent or other laws.
Termination
MBK Senior Living, in its sole discretion, may terminate your license
to use the Website for any reason without prior notice to you. You
acknowledge and agree that MBK Senior Living may immediately bar
your further access to the Website. MBK Senior Living will not be
liable to you or any third party for any termination of your access
and/or use of the Website.
Links
The Website may provide links to other World Wide Web sites or resources.
MBK Senior Living has no control over or responsibility for such
websites and resources. You agree that MBK Senior Living is not responsible
for the availability of such external websites or resources, and
does not endorse and is not responsible or liable for any content,
advertising, products, terms and conditions, or other materials on
or available from such websites or resources. However, we encourage
you to read any applicable terms and conditions or privacy policies
at such websites. MBK Senior Living provides these links to you only
as a convenience.
Notices
Notices to you may be made via either email or regular mail. The
Website may also provide notices of changes to the Terms or other
matters by displaying notices or links to notices to you on the Website.
MBK Senior Living is not responsible for keeping your email address,
mailing address and/or phone number up to date and accurate.
Records
Except to the extent required by applicable law, MBK Senior Living
has no obligation to store, maintain or provide to you any information
that you provide to MBK Senior Living.
General Information
The Terms and the Privacy Policy constitute the entire agreement
between you and MBK Senior Living and govern your use of the Website,
superceding any prior agreements between you and MBK Senior Living.
You also may be subject to additional terms and conditions that are
applicable to certain services on the Website. The Terms and the
Privacy Policy do not alter the terms and conditions of any other
written or online agreement between you and MBK Senior Living. The
failure of MBK Senior Living to exercise or enforce any right or
provision of the Terms or this Terms of Use shall not constitute
a waiver of such right or provision. If any provision of this Terms
of Use shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from the Terms of Use
and shall not affect the validity of the remaining Terms. You may
not assign the Terms or any of your rights or obligations under the
Terms without MBK Senior Living's express written consent. The Terms
inure to the benefit of MBK Senior Living's successors, assigns and
licensees. The section titles in the Terms of Use are for convenience
only and have no legal or contractual effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to the use
of the Website or the terms and conditions contained in this Terms
of Use must be filed within one year after such claim or cause of
action arose or the claim or cause of action shall be forever barred.
International Use
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable content.
Without limiting the generality of the foregoing, you agree to comply
with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you
reside. You agree not to use the Website unless you are either a
citizen of the Unites States or currently reside in the United States.
Changes to the Terms of Use
As MBK Senior Living's business changes from time to time, this Terms
of Use is expected to change. MBK Senior Living reserves the right
to amend the Terms of Use at any time as provided herein. You should
check the Website frequently to see the current Terms of Use in effect
and any changes that may have been made to it. Your use of the Website
is subject to the Terms of Use and Privacy Policy in effect at the
most recent time of use. The provisions contained herein supersede
all previous notices or statements regarding the Terms or use of
the Website.
Questions Regarding The Website
If you have any questions or comments about the Website or this Terms
of Use, please contact us at mslterms@mbk.com or you can write
to us at 175 Technology, Irvine, CA, 92618.
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