Assisted Living Facilities - Bed Availability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE BEDAVAILABILITY.COM INQUIRY BOARD, WEB SITE OR SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BEDAVAILABILITY.COM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BEDAVAILABILITY.COM IS MERELY PROVIDING A DATABASE OF FACILITIES (SHOWING INFORMATION PROVIDED BY SAID FACILITES WITHOUT BEING REVIEWED BY BEDAVAILABILITY.COM) MEETING CERTAIN SEARCH CRITERION.

WITHOUT LIMITING THE FORGOING, BEDAVAILABILITY.COM, INC. DOES NOT WARRANT OR REPRESENT THE QUALITY OF ANY CARE PROVIDED, OR TO BE PROVIDED, BY ANY OF THE CARE FACILITIES.

WITHOUT LIMITING THE FORGOING, BEDAVAILABILITY.COM, INC. DOES NOT WARRANT OR REPRESENT WHETHER ANY FACILITY CARRIES WORKERS COMPENSATION, AUTOMOBILE, GENERAL LIABILITY OR ANY OTHER INSURANCE.

WITHOUT LIMITING THE FORGOING, BEDAVAILABILITY.COM, INC. DOES NOT WARRANT OR REPRESENT WHETHER ANY FACILITY COMPLIES WITH LICENSING LAWS OR OTHER LAWS APPLICABLE TO THE OPERATION OF A FACILITY.

WITHOUT LIMITING THE FORGOING, BEDAVAILABILITY.COM, INC. DOES NOT WARRANT OR REPRESENT WHETHER ANY FACILITY, OR ITS OWNER(S), HAS, OR HAS HAD, ANY COMPLAINT(S) FILED WITH THE DEPARTMENT OF HEALTH SERVICES, OR WITH ANY OTHER ADMINISTRATIVE AGENCY OR COURT. ANY SUCH INFORMATION MUST BE SOUGHT BY THE USER HEREOF BY INQUIRY TO THE APPROPRIATE GOVERNMENTAL AGENCY.

BEDAVAILABILITY.COM DOES NOT WARRANT OR GUARANTY THAT ANY FACILITY WILL RESPOND TO YOUR MESSAGE BOARD POSTING OR THAT ANY SUCH RESPONSE WILL FIT YOUR NEEDS.

BEDAVAILABILITY.COM, INC. DOES NOT APPROVE, MONITOR OR OTHERWISE SCREEN ANY FACILITY PROFILE INFORMATION AND SHALL NOT BE HELD LIABLE FOR ANY MISREPRESENTATIONS OR OFFENSIVE MATERIAL THAT MAY BE CONTAINED THEREIN.

BEDAVAILABILITY.COM MAKES NO OPINION AS TO WHETHER A POSTING VIOLATES THE PROVISIONS OF THE HEALTH CARE PORTABILITRY AND ACCOUNTABILITY ACT OF 1996 (HIPAA); 42 USC 1320d AND 42 CFR 160-164. POSTINGS ON THE INQUIRY BOARD ARE DONE SO AT THE USER’S OWN RISK AND BEDAVAILABILITY.COM SHALL BE HELD HARMLESS AND SHALL BE INDEMNIFIED BY ANY PERSON POSTING AN INQUIRY WHICH VIOLATES THE HIPAA REGULATIONS.

BEDAVAILABILITY.COM, INC. MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, NOR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
BEDAVAILABILITY.COM, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEDAVAILABILITY.COM, INC. THROUGH OR FROM ANY SERVICE PROVIDER ALLIGNED WITH BEDAVAILABILITY.COM, OR THROUGH OR FROM THE BEDAVAILABILITY.COM SERVICE SHALL CREATE ANY WARRANTY OR REPRESENTATION BY BEDAVAILABILITY.COM.

IMPORTANT - PLEASE READ THESE PAGES CAREFULLY: These Terms of Use (the “TOU”) governs your use of the BedAvailablity.com, Inc. (BedAvailability.com) Web Site which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time on this page. When using the BedAvailability.com services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. Subscribers are also subject to the terms and conditions of the BedAvailability.com Service Contract, the terms and conditions are hereby incorporated by reference. In the case of an inconsistency between the two, the Service Contract shall take precedence.

BedAvailability.com provides access to an interactive web site (the “Web Site”) to facility owners, hospitals, the public and others, designed to provide daily information on the facility(ies) bed availability (the “Services”). All information on the Web Site whether created by BedAvailability.com, or a subscriber or general user, is referred to herein as the “Content” or “Documents.”
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BedAvailability.com, are entirely responsible for all Content that you upload, download, post, e-mail, transmit, rely upon, or otherwise make available via the Web Site.

BedAvailability.com does not control, nor pre-screen, the Content posted via the BedAvailability.com service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BedAvailability.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service which you view or rely upon.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BedAvailability.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

You are responsible for obtaining access to the BedAvailaibility.com Web Site service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If registration is requested, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BedAvailability.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BedAvailability.com has the right to suspend or terminate your ability to use the Web Site (or any portion thereof).
Use of the BedAvailaibility.com service is subject to our Privacy Policy which appears on the BedAvailability.com Website.

You agree to not use the Service to:

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
Upload, post, e-mail, transmit or otherwise make available any Content that is, objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a BedAvailability.com officer, director, employee, salesperson or other staff;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
Restrict or inhibit any other user from using and enjoying the use of the Web Site.
Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
Modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Use any engine, software, routine, tool, agent or other device or mechanism to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site, including taking any action which imposes an unreasonable or disproportionately large load on the server hosting the Web Site;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site;
Modify or remove any copyright, trademark or any other proprietary notices, appearing on the Web Site, in the Content, or in the Documents, nor may you modify, reproduce, remove, distribute, broadcast, publish or transmit the Content or the Documents, nor may the User add elements, participate in the transfer or sale of the Content or Documents, or exploit in any way, the Content or Documents.
Violate any HIPAA laws or regulations. Any posting of personal information of a potential resident is done so at the posting party’s own risk. HIPAA laws may govern the posing of any inquiry information. A link to a handbook on HIPAA laws is provided on the Website for your reference. BedAvailability.com shall not be responsible for any HIPAA violations and the user hereby indemnifies BedAvailability.com, its officers and directors from any liability thereto and shall defend and hold BedAvailability.com harmless form any claims arising out of any HIPAA violation by the user of the Website.

Notwithstanding the previous clauses, you are hereby granted a non-exclusive, non-transferable, limited license to view and download a single copy of the Content and/or Documents available on the Web Site, and to reproduce, print, and distribute portions of the Content (exclusive of the Web Site’s design and structure and underlying HTML code) and/or Documents retrieved from this Web Site, provided: (a) it is used only for the purposes intended by the BedAvailaibilty.com Web Site and you do not alter or modify the Web Site, its Content or the Documents in any way;

Without limiting the foregoing, BedAvailability.com and its designees shall have the right to remove any Content that violates the TOU, or is otherwise objectionable, or deemed to violate any laws or regulations. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that BedAvailability.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BedAvailability.com, its users and the public.

BedAvailability.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site Service (or any part thereof) with or without notice. You agree that BedAvailability.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

The Web Site service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BedAvailability.com has no control over such sites and resources, you acknowledge and agree that BedAvailability.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BedAvailability.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

The TOU does not transfer to you any right or interest in the services, or the Web Site, including any information, data, application, image, video, graphics, or other materials made available through the Services, or with respect to any modification, translation, or subsequent broadcasting of said information.

BedAvailability.com trademarks and service marks, and other BedAvailability.com logos and product and service names are trademarks of BedAvailability.com, Inc., a California Corporation. Without prior permission from BedAvailability.com, you agree not to display or use in any manner, the BedAvailability.com Marks or property.

You agree to indemnify, defend, and hold harmless BedAvailability.com, its employees, partners, agents, contractors, officers and directors and owners from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the Web-Site and Service provided by BedAvailability.com which damages either you, BedAvailability.com, or any other party or parties without limitation or exception.

BedAvailability.com, Inc. is a California Corporation. All references to BedAvailability.com also apply to BedAvailability.com, Inc. BedAvailability.com, Inc. may assign all obligations and benefits of this agreement to a new entity at any time without your consent. This agreement is not assignable by you without the prior written consent of BedAvailability.com, Inc.

IMPORTANT - PLEASE READ THESE PAGES CAREFULLY: This Contract (the “Agreement” or “Service Agreement” or “Service Contract”) is a legal agreement between you (the "User") and BedAvailablity.com, a California Corporation.

AGREEMENT TO BE BOUND

User accounts on our web site are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement, or placement on your behalf, of information on BedAvailability.com's web site is an acknowledgment that you have read and understood this agreement, and that you agree to be bound by the terms and conditions herein. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind yourself or allow others to place any information on your behalf on BedAvailability.com's web site.

SERVICES

BedAvailability.com provides access to an interactive web site (the “Web Site”) to facility owners designed to provide real-time information on the User’s facility bed availability to hospitals, nursing facilities, other facilities, and the public (the “Bed Availability Profile”) and detailed information about the User’s facility services, costs, and other pertinent information to hospitals, nursing facilities, other facilities, and the public (the “Facility Profile”)(collectively the “Services”). All information on the Web Site whether created by BedAvailability.com, or the User, is referred to herein as the “Content” or “Documents.” All bed availability information and the User’s bed availability is designed to be modified or changed by the User when changes occur to assure accuracy.
BedAvailability.com provides you access to its “Inquiry Board” for receiving prospective residential care residents. BedAvailability.com does not represent the validity of the inquiry nor that any inquiry will result in an admission to a facility.
The Contract does not transfer to you any right or interest in the Services, or the Web Site, including any information, data, application, image, video, graphics, or other materials made available through the Services, or with respect to any modification, translation, or subsequent broadcasting of said information.

LICENSE AND SITE ACCESS

BedAvailability.com grants the User a limited license to access and make use of the site and not to download or modify it or any portion of it, except as contemplated by this agreement as to the User’s Bed Availability Profile and/or Facility Profile. This license does not include any resale or other commercial use of the Web Site except as contemplated herein; including but not limited to: collection and use of any other User listing, description, or pricing; any derivative use of the Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose other than as contemplated herein. The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BedAvailability.com. The User may not use any meta tags or other “hidden text” utilizing the name of BedAvailability.com or trademark. Any unauthorized use thereof shall terminate the User’s license or permission to use this site granted by BedAvailability.com. The User is granted a limited, revocable, non-exclusive right to create a hyperlink to the home page of BedAvailability.com so long as the link does not portray BedAvailability.com in a false, misleading, derogatory, or otherwise offensive manner according to the User’s subscription service level.

USER CONDUCT AND RESTRICTIONS

The BedAvailability.com Web Site may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to BedAvailability.com, your local jurisdiction, or any jurisdiction that you or the BedAvailability.com web site may be subject to is strictly prohibited. Without limiting the foregoing, you may not:

Restrictor inhibit any other user from using and enjoying the use of the Web Site;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the Web Site for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
Violate any copyright, trademark, or other protection afforded under the laws of any State or Federal law;
Modify or remove any copyright, trademark or any other proprietary notices, appearing on the Web Site, in the Content, or in the Documents, nor may you modify, reproduce, remove, distribute, broadcast, publish or transmit the Content or the Documents nor may the User add elements, participate in the transfer or sale of the Content or Documents, or exploit in any way, the Content or Documents, except as to the User’s Bed Availability Profile and/or Facility Profile;
Purchase a subscription and use the Web Site or User account for multiple facilities owned by the same owner(s) without purchasing a multiple facility subscription, or purchase a subscription with a combination of owners in concert with each other under one subscription without the prior agreement of BedAvailability.com.

Notwithstanding the previous clauses, you are hereby granted a non-exclusive, non-transferable, limited license to view and download a single copy of the Content and/or Documents (other than the User’s Bed Availability Profile and/or Facility Profile) available on the Web Site, and to reproduce, print, and distribute portions of the Content (exclusive of the Web Site's design and structure and underlying HTML code) and/or Documents retrieved from this Web Site, provided: (a) it is used only for informational, personal or non-commercial purposes only; (b) you do not alter or modify the Web Site, its Content or the Documents in any way; (c) the reproduction retains all copyright, trademark, Service mark and other intellectual property notices contained in the original Content and Documents; and (d) the Content and Documents will not be reproduced, displayed, stored, or distributed on any network or on any electronic media whatsoever.

BedAvailability.com reserves the right, in its sole discretion, to modify or remove any information provided by the User, including postings which are abusive, or illegal, if the information contravenes the terms and conditions of this Agreement. Additionally, BedAvailability.com reserves the right to terminate this Agreement if the User fails to remove such materials or information or repeatedly continues to post said materials or information.

WARRANTIES OF USER

You represent and warrant to BedAvailability.com that:

You will not use the Web Site, Services, Content or Documents for any purpose prohibited in this contract or for unlawful or unethical purposes;

All information you provide to BedAvailability.com during the registration process which creates your Facility Profile is true and accurate and that you will update such information as changes occur;

All information you provide regarding your Bed Availability Profile and Facility Profile, and updates to your Bed Availability Profile concerning the availability of beds, is true and accurate;

You will not modify or delete any material posted by any other User;
You will not use any engine, software, routine, tool, agent or other device or mechanism to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site, including taking any action which imposes an unreasonable or disproportionately large load on the server hosting the Web Site;
You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site;

You expressly acknowledge and represent that you understand that accuracy of the User’s Bed Availability Profile and Facility Profile is a material term of this Service Agreement
You will comply with all terms and conditions of use of the Website.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BedAvailability.com, its employees, partners, agents, contractors, officers and directors and owners from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the Web-Site and Services provided by BedAvailability.com which damages either you, BedAvailability.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your User account.

REFUSAL OR DISCONTINUANCE OF SERVICE

BedAvailability.com reserves the right to refuse or discontinue service to anyone at BedAvailability.com's sole discretion. BedAvailability.com may deny you access to all or part of the BedAvailability.com Web Site without notice if you engage in any conduct or activities that BedAvailability.com, in its sole discretion, believes violates any of the terms and conditions in this Service Contract. BedAvailability.com may also terminate or discontinue the Services to you if any of the following occur:

You materially misrepresent any information in your User Account, Bed Availability Profile or Facility Profile;
You use the BedAvailability.com Web Site for any purpose other than as intended.

BedAvailability.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that BedAvailability.com has the right to monitor the service electronically from time to time and to disclose any information as is necessary to satisfy the law, or to protect itself or its subscribers. BedAvailability.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

UPDATES TO FACILTY INFORMATION

The User is encouraged to update the Facility Profile as changes are needed to be made to the maintain Facility Profile accuracy, and the Bed Availability Profile when bed vacancies are filled or become open. If the Bed Availability Profile is not updated on a regular basis, BedAvailability.com will remind User, with automatic e-mails of the User’s failure to update. Additionally, since the bed availability search results are prioritized in part by the last update date, a failure to update may cause the User’s facility to fall to a lower position within a search result. Although not binding, to fully benefit from the BedAvailability.com Web Site, the User is encouraged to update their Bed Availability Profile on a daily basis.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

BedAvailability.com makes no warranties or representations of any kind for the services being offered by you or by any other Web Site User. The Web Site service that BedAvailabilty.com provides is on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Use of the Web Site is at the User’s own risk. No advice or information given by BedAvailability.com or its agents or employees shall create a warranty. BedAvailability.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. BedAvailability.com makes no warranties about the technical accuracy, reliability, completeness, or timeliness of the Web Site, Content, Services, Documents, software, text, graphics, and/or links. Under no circumstances shall BedAvailability.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of, or your inability to use, the service, or for third parties' use of the service to access your account site, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on, or through said service, or that result from mistakes, omissions, interruptions of service, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with BedAvailability.com service or any of its terms, conditions, rules, policies, guidelines, or practices, the sole and exclusive remedy is to discontinue using the Services.

You understand that by placing information on the BedAvailability.com Web Site that such information becomes available to all Internet users and that BedAvailability.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement or other use. You assume total responsibility and risk for your use of the BedAvailability.com Web Site and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through BedAvailability.com or on the Internet generally.

Any information posted on the BedAvailability.com website may be subject to HIPAA regulations. The User is responsible for compliance therewith and BedAvailability.com shall not be held responsible for any violation thereof. User shall indemnify, defend and hold BedAvailability.com harmless for any HIPAA violations.

PRIVACY NOTICE

You agree that BedAvailability.com is not considered a "secure communications medium" for the purposes of Federal law or the laws of any State in the United States and that no expectation of privacy is afforded. The BedAvailability.com Privacy Notice, located on the BedAvailaibility.com web site, is incorporated by reference herein.

IDENTIFICATION INFORMATION

You agree that you are the person legally responsible for use of your User account and are at least 18 years of age. You agree to supply BedAvailability.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. You also agree that you are an authorized signatory on any back account used to pay the BedAvailability.com charges herein.

NO INTERFERENCE WITH OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other users and/or visitors to the Web Site. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the acceptable use policies of any network or service you connect to.
You agree to adhere to system policies as published online by BedAvailability.com, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at BedAvailability.com. You agree to abide by any and all future BedAvailability.com policy decisions.

SECURITY

You will be asked to register with BedAvailability.com and you will select a login identification name and a password. You agree that the security of your account is solely your own responsibility and you accept the responsibility for all activities that occur under your account or password. You further agree that if you believe the security of your account has been compromised in any way, you will notify BedAvailability.com immediately by telephone at 1-877-Bed-2220 (1-877-233-2220) and in writing by registered mail return receipt requested to BedAvailability.com, P.O. Box 2156; Mission Viejo, California 92690. You shall be held fully responsible for any misuse or compromise to your account for which BedAvailability.com is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, BedAvailability.com has the right to suspend access to the account pending an investigation and resolution. You also agree that BedAvailability.com has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.

BACKUP OF DATA

Your use of the Services and the Web Site is at your sole risk. BedAvailability.com is not responsible for files and data residing on your User account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the BedAvailability.com Web Site. The only data allowed to be stored on the BedAvailability.com Web Site is defined by the profile and search parameters.

TRANSMITTAL OF MATERIALS

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of BedAvailability.com, or any other service with reference to services obtained through BedAvailability.com, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your Services to be terminated immediately and without warning; and you will be held fully responsible for any damages to you, BedAvailability.com, or any other party or parties resulting from any such conduct.

PAYMENT

The Basic Service of BedAvailability.com is at no charge. However, BedAvailability.com reserves the right to modify this policy at any time with 30 days prior notice to the User. You agree to pay for the Upgraded Services received from BedAvailability.com in advance of the time period during which such services are provided. You agree that all setup fees, if any, are non-refundable once setup is completed. You agree that until and unless you cancel any or all services received, those services will be billed on a recurring monthly basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that BedAvailability.com may apply the amount due to the provided card at any time. You agree that if payment is not received by BedAvailability.com in advance of the service to be provided, BedAvailabilty.com will cancel the upgraded service.
This agreement supersedes any written, electronic, or oral communication you may have had with BedAvailability.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

CONTINUATION AND CANCELLATION OF SERVICES BY USER

You agree that the Service Contracts are on a month-to-month recurring basis. Any Service Contract will automatically renew on the beginning of each calendar month. There shall be no pro-ration for a partial month of use or upon cancellation. Cancellation of any service is the sole responsibility of the User. A cancellation section is provided on the Website for the User’s convenience.

COPYRIGHTS, TRADE SECRETS, AND PATENT PENDING

You acknowledge that the Web Site, Services, Content and Documents are protected by copyright, trademark, trade secret, Patent Pending or other intellectual property laws under Federal law and the laws of each State in which BedAvailability.com provides service., and that BedAvailability.com has proprietary rights, copyrights and other rights and interests in the Web Site, Services, Content and the Documents, as well as any modifications, translations or subsequent broadcasting, and all other material relating to them.

SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

JURISDICTION

This agreement shall be governed by the laws of the State of California with venue in San Diego County, California.

ACKNOWLEDGMENT

By accepting this agreement, subscribing, and/or placing and continuing to maintain or place information on the BedAvailability.com Web Site you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

NOTICES

The User hereby consents to receive notices and communications from BedAvailability.com in electronic form. All agreements, notices, disclosures postings to the web site and other communications from BedAvailability.com in electronic form satisfy the legal requirement that such communications be in writing.

OWNERSHIP AND ASSIGNMENT

BedAvailability.com is a California Corporation. BedAvailability.com may assign all obligations and benefits of this agreement to a new entity at any time without your consent. This agreement is not assignable by you without the prior written consent of BedAvailability.com.

CHANGE OF SERVICE

BedAvailability.com reserves the right, in its sole discretion to cancel, suspend, modify or revise the Web Site, the Services including but not limited to the pricing of any User Service, the Content, the Documents, and these terms and conditions with or without prior notice. We will try to give you advance notice of such changes, but you should review this posting on a regular basis for changes. Continued use of the Web Site following any change constitutes your acceptance of the change.

Our Commitment to Your Privacy
BedAvailability.com is committed to respecting your privacy. Our aim is to provide a secure environment in which you can participate in on-line activities with us. This Policy discloses our privacy practices and expresses our commitment to keeping you informed of the information we collect and how it is used. We ask that you take time to read it carefully. We may update this Policy from time to time to reflect new uses, rules, regulations or technologies that impact your privacy policy. We recommend that users review ourPrivacy Policy on a routine basis to view any changes.

The Information We Collect and How It Is Used
It is your decision to proceed or not to proceed with any activity that requests personal information, but please be aware that if you choose not to provide the information requested, you may not be able to complete certain transactions with BedAvailability.com or enjoy the full benefits that the BedAvailability.com web site offers.

When you subscribe for our service, order a product, or make other inquiries, we may ask for specific information about you in order to provide that product or service to you. We may need certain personally identifiable information such as name, contact and billing information, transaction and credit card information and bank account information. Also, to tailor subsequent communications to you and to continually improve BedAvailability.com offerings, we may also ask you to provide information regarding your personal or professional interests, demographics, past experience with BedAvailability.com products and services, and detailed contact preferences.

We may periodically conduct both organizational and individual user surveys because they provide us with important information that helps us to improve our products and services. Participation in such surveys is purely voluntary, and any personal information submitted in response to a survey will remain strictly confidential.

Data you submit online may also be combined with other information you provide through other means of communication, such as postal mail.

Some BedAvailability.com web pages may use cookies. Cookies are small data files that are transferred from a Web server to your browser. This file contains information that may later be read back by the Web server for record keeping purposes. Use of cookies is standard on the Web and can improve the service a Web site provides to you because content can be prepared to suit your preferences. Cookies are useful, for example, to facilitate a regular visitor's use of a site by eliminating the need to repeatedly type in a password, and to store preferences on a personalized site. This type of information is not used to personally identify an individual, and you remain anonymous. You may modify your browser to reject cookies or to notify you whenever a cookie is sent to your hard drive. If you reject a cookie sent by BedAvailability.com, you may still access the site, but such access may be limited.

Sharing Of Information
BedAvailability.com will not sell, rent, or lease your personally identifiable information to others. Unless BedAvailability.com has your permission or is required by law, BedAvailability.com will only share the personal data you provide online with other BedAvailability.com entities and/or outside contractors which may use such information to ship products, provide technical support, handle order processing, or otherwise act on BedAvailability.com's behalf for the purpose of providing products and services.

Please remember that when you submit information to a discussion group or some other public forum, the information submitted will be deemed public information and will not be considered confidential. This applies to your bed availability status and your facility profile.

Data Security
BedAvailability.com is committed to ensuring the security of your information. We use all appropriate means to safeguard your personal information but cannot be held liable for any person or entity that unlawfully gains access to our web site.

Links to other sites
BedAvailability.com may provide you with links to other sites. Please be aware that BedAvailability.com is not responsible for the privacy practices of these sites. BedAvailability.com does not endorse them or make any representations about them or any information, services, products or materials found on them. If you decide to access any of the third party sites through links, we strongly encourage you to read their privacy statements.

Notification of Changes
BedAvailability.com reserves the right to make changes to this Policy. In the event there is a major change in our privacy practices, a notice will be posted on our web site.

Contacting Us with Comments and Concerns
We welcome your comments. Should you have any questions or concerns about our Privacy Policy, please contact us: via email at SFurman@bedavailability.com; LFerrall@bedavailability.com; or by telephone at 1-877-BED-2220 (1-877-233-2432)

or by mail to:

BedAvailability.com
Attn: Privacy Coordinator
PO Box 2156
Mission Viejo, CA 92692