Friendship Retirement Corp. Website Terms of Use

The terms, conditions, policies and notices contained in this document (these “Terms”) apply to all websites operated by Friendship Retirement Corp. (“Friendship Retirement Corp.”), including without limitation Glencroft.com (the “Site”). Any reference to “we”, “us”, or “our” in this Policy shall refer to Friendship Retirement Corp. and its related entities. Please read these Terms carefully before using the Site. This Terms of Use, the Privacy Policy, and their related documents do not expressly or impliedly waive or amend any preexisting agreements that a user may have with Friendship Retirement Corp and its related businesses. In the event of a contractual conflict, the mutually executed contract will control. Please note that information protected by Federal Law and/or State Statute will not be shared.

BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF ARIZONA LAW.

Contents

SITE CONTENT

USER CONDUCT

PERMISSIBLE USE

OTHER SITES; THIRD-PARTY CONTENT

MODIFICATIONS TO TERMS

TERMINATION/MODIFICATIONS OF SITE

YOUR PRIVACY

COPYRIGHT INFRINGEMENT

FRIENDSHIP RETIREMENT CORP. COPYRIGHT POLICY AND DMCA TAKEDOWN NOTICE

DMCA COUNTER NOTIFICATION

NO MEDICAL OR PROFESSIONAL ADVICE & DISCLAIMER

LIMITATION ON ACTIONS

DISPUTE RESOLUTION

FRC TOU

ACKNOWLEDGEMENT

GENERAL

LEGAL DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE FRIENDSHIP

RETIREMENT CORP. WEB SITES

TYPOGRAPHICAL ERRORS

CONTACT INFORMATION & NOTICE PROVISIONS

SITE CONTENT

(a) Except as otherwise provided by a third party, all content on the Site is © 1970-2021 Friendship Retirement Corp. and/or its licensors. FRIENDSHIP RETIREMENT CORP., GLENCROFT SENIOR LIVING, and their related entities are trademarks of Friendship Retirement Corp. The Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws (collectively, “Intellectual Property Rights”).

(b) Neither these Terms nor your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to you. We and our third-party licensors retain all of our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.

(c) Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without our express written permission.

(d) The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. The Content of the Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Site is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. We do not make any representations regarding the legality of the Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.

(e) Certain materials on the Site may be furnished by third parties. Certain products, services, or company designations for companies other than us may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.

(f) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.

USER CONDUCT

(a) Except as otherwise provided by a third party, all content on the Site is © 1970-2021 Friendship Retirement Corp. and/or its licensors. FRIENDSHIP RETIREMENT CORP., GLENCROFT SENIOR LIVING, and their related entities are trademarks of Friendship Retirement Corp. The Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws (collectively, “Intellectual Property Rights”).

(b) Neither these Terms nor your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to you. We and our third-party licensors retain all of our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.

(c) Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without our express written permission.

(d) The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. The Content of the Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Site is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. We do not make any representations regarding the legality of the Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.

(e) Certain materials on the Site may be furnished by third parties. Certain products, services, or company designations for companies other than us may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.

(f) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.

PERMISSIBLE USE

Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit, and print the Content available on the Site subject to the following conditions:

a) you may only use the Content for personal, informational, or non-commercial purposes;

b) you may not provide, sell, license, or lease the Content for any fee or other consideration;

c) you must ensure all copyright, trademark, and other proprietary rights notices included in
the Content as presented on the Site appear on all copies;

d) you may not modify or alter the Content in any way; and

e) you may not use any graphics separately from accompanying text.

OTHER SITES; THIRD-PARTY CONTENT

As a convenience to you, the Site may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink (“Linked Site”). All Linked Site are provided only because they may be of interest to Site users. Information and views contained in Linked Site are not adopted or endorsed by us.

You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Site before you use them. We do not author, edit or monitor these Linked Site, and is not responsible or liable for (a) the availability of or content provided on the Linked Site, nor does inclusion of any link imply endorsement of the Linked Site by us, or vice-versa; (b) third-party content accessible through the Linked Site; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through the Site. You bear all risk associated with the use of the Linked Site, third party services, and your correspondence or business dealings with advertisers other than us found on or through the Site.

Friendship Retirement Corp. does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any Internet sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.

MODIFICATIONS TO TERMS

We may change, modify, add and/or delete all or portions of these Terms from time to time by posting updated Terms on the Site, which shall apply to your use of the Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Site immediately.

TERMINATION/MODIFICATIONS OF SITE

We reserve the right to modify or terminate your access to the Site or portions of the Site, at any time, temporarily or permanently, with or without notice to you, for any reason, and are not obligated to support or update the Site. These Terms shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entire Site, or charge fees for access to portions of the Site without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site or portions of the Site.

GLENCROFT PRIVACY POLICY

In connection with its operation of the Glencroft Wi-Fi Network/Website and related provisions, we may collect, use and disclose information about you to Senior Living Providers and others. To find out more about the information Glencroft may collect, how Glencroft may use and discloses such information and how we keep such information secure, see the Glencroft Privacy Policy generally on this website. The Glencroft Privacy Policy does not apply to sites of Third Party Providers that may be reached by links on the Glencroft Wi-Fi Network Network/Website Usage. Third Party providers may have different privacy policies or statements. If you are a Glencroft resident, please see your Resident Agreement and Resident Handbook for more information about your privacy concern.

YOUR PRIVACY

We will treat any information it collects or receives from you through the Site in accordance with its online Privacy Policy, (the “Privacy Policy”), its Social Media Policy (the “Social Media Policy”), HIPAA Policy (the “HIPAA Policy”), and EEO Policy (the “EEO Policy”), which are incorporated by reference. Please review these policies before you use the Site. If you are unwilling to accept the terms and conditions of the policies, please do not use the Site.

COPYRIGHT INFRINGEMENT

In accordance with the US Federal Digital Millennium Copyright Act (“DMCA”), we have designated an agent to receive notifications of alleged copyright infringement associated with the Site. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us at info@focuslawfirm.com or through the contact information related to this provision. When notifying us of the alleged copyright infringement please provide us with the following information:

a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

b) identification of the copyrighted work alleged to have been infringed;

c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;

d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
and

f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.

FRIENDSHIP RETIREMENT CORP. COPYRIGHT POLICY AND DMCA TAKEDOWN NOTICE

FRIENDSHIP RETIREMENT CORP. respects the copyrights of others and expects its users to do the same. In compliance with the Digital Millennium Copyright Act of 1998 as embodied in 17 U.S.C. § 512 (the “DMCA”), a copy of which may be found on the United States Copyright Office website at http://www.copyright.gov/title17/92chap5.html#512, FRIENDSHIP RETIREMENT CORP. will respond expeditiously to remove or disable access to material that is claimed to infringe copyrighted material or to be the subject of activity that infringes copyrighted material and was posted online using the Friendship Retirement Corp. services.

If you are a copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed, please notify Friendship Retirement Corp. of the material that is claimed to be infringing or to be the subject of infringing activity and was posted online using the Friendship Retirement Corp. services by completing a DMCA Notification of Claimed Infringement (the “Notification”) as described below and delivering it to Friendship Retirement Corp’s Designated Copyright Agent. It is important to emphasize that you should only submit a Notification if you own or control the copyrighted material that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages.

To be effective, the Notification must be a written communication provided to Friendship Retirement Corp’s Designated Copyright Agent that includes substantially the following:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Friendship Retirement Corp. to locate the material;
  3. Information reasonably sufficient to permit Friendship Retirement Corp. to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed; and
  6. The physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.
    Once completed, please deliver the Counter Notification to Friendship Retirement Corp’s Designated Copyright Agent at:

Focus Law Firm, PLLC
Attn: Copyright/Trademark Agent.
6339 Charlotte Pike #592
Nashville, Tennessee 37209
info@focuslawfirm.com

Upon receipt of a valid Notification, Friendship Retirement Corp. will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

DMCA COUNTER NOTIFICATION

If material you have posted online using the Friendship Retirement Corp. services has been removed or disabled in response to a DMCA Notification of Claimed Infringement, Friendship Retirement Corp. will promptly forward the Notification to you and inform you that it has removed or disabled access to such material. If you own or control the rights to the material you posted online using the Friendship Retirement Corp. services and you believe that your material was removed or disabled by mistake or misidentification, you may send Friendship Retirement Corp’s Designated Copyright Agent a DMCA Counter Notification (the “Counter Notification) as described below. It is important to emphasize that you should only submit a Counter Notification if you own or control the copyrighted material that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages.

To be effective, a DMCA Counter Notification must be a written communication provided to Friendship Retirement Corp’s Designated Copyright Agent that includes substantially the following:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. A statement under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Friendship Retirement Corp. may be found, and that you will accept service of process from the person who provided the DMCA Notification of Claimed Infringement (the
    “Claimant”) or an agent of such person; and
  4. Your physical or electronic signature.
    Once completed, please deliver the Counter Notification to Friendship Retirement Corp’s Designated Copyright Agent at:

Focus Law Firm, PLLC
Attn: Copyright/Trademark Agent.
6339 Charlotte Pike #592
Nashville, Tennessee 37209
info@focuslawfirm.com

Upon receipt of a Counter Notification, Friendship Retirement Corp. will promptly forward it to the Claimant and inform the Claimant that Friendship Retirement Corp. will replace the removed material or cease disabling access to it unless the Claimant notifies Friendship Retirement Corp’s Designated Copyright Agent within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity with regard to the material posted online by you using the Friendship Retirement Corp. services. If Friendship Retirement Corp. receives notification that the Claimant has filed such a lawsuit, it will be unable to replace the
removed material or cease disabling access to it. If Friendship Retirement Corp. does not receive such notification, it may, in its sole discretion, replace the removed material or cease disabling access to it.

Please note that when Friendship Retirement Corp. forwards the Counter Notification to the Claimant it includes your personal information. By submitting a Counter Notification, you consent to having your information revealed in this way. Friendship Retirement Corp. will not forward a Counter Notification to any party other than the Claimant.

NO MEDICAL OR PROFESSIONAL ADVICE & DISCLAIMER

The Site is designed for educational and informational purposes only. The Site does not provide medical or professional advice, diagnoses or recommendations about medical treatment, and does not recommend or endorse any products or information for any particular circumstances. You expressly acknowledge and agree that we are not responsible for the results of any decisions made based on your use of the Site.

THE CONTENT ON THE SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IN
AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR
OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.

LIMITATION ON ACTIONS

You agree that any dispute arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

DISPUTE RESOLUTION

You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration. (Except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, we may seek injunctive or other appropriate relief and if you are a Resident of Friendship Retirement Corp. or its related entities, then your leasing provisions with Friendship Retirement Corp. will control). The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise
combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Arizona, or to any federal court located within the State of Arizona for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 14 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree
that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Arizona

ACKNOWLEDGEMENT

You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.

GENERAL

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Our failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Arizona without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United
States, the laws, rules and regulations of the United States will govern. These Terms of Use and the accompanying incorporation policies as posted from time to time on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to the subject matter.

LEGAL DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE FRIENDSHIP RETIREMENT CORP. WEB SITES

The Friendship Retirement Corp. web sites and the materials therein are provided “as is”. Friendship Retirement Corp. makes no representations or warranties, either express or implied, of any kind with respect to the Friendship Retirement Corp. sites, their operations, contents, information, materials or year 2000 compliance. Friendship Retirement Corp. expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Friendship Retirement Corp., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Friendship Retirement Corp. sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

By accessing this website and any subsidiary websites, you, the User, understand and agree that such site is for informational purposes only, and in no way constitutes health or related advice. You, the User, agree and hold harmless, the Friendship Retirement Corp. and its members for any misconstruction or misappropriation of this site. The information contained on this web site and any linked resource is intended to provide general
information and does not constitute health or related advice. The content is not guaranteed to be correct, complete, or up-to-date. This web site is not intended to create a professional, medical, or housing relationship between you and Friendship Retirement Corp. or any of its associates or agents, and you should not act or rely on any information in this web site without seeking the advice of an attorney.

In reading any articles posted on this web site please note that the information provided is not a substitute for consulting with an experienced health and medical professional and receiving counsel based on the facts and circumstances of a particular transaction. Many of the health and medical principles mentioned are subject to exceptions and qualifications which may not be noted.
Furthermore, laws, statutes, and practices are subject to revision and may not apply in every state. Because of the quick pace of technological change, some of the information in these articles may be outdated by the time you read it. Readers should be aware that business practices, distribution methods and legislation will continue to evolve in the rapidly changing health and medical industries.

THE INFORMATION IS PROVIDED “AS IS” AND THE FRIENDSHIP RETIREMENT CORP. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS INFORMATION. THE FRIENDSHIP RETIREMENT CORP. DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR
TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. THE FRIENDSHIP RETIREMENT CORP. WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS INFORMATION.

IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THE SITE OR ANY
CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

TYPOGRAPHICAL ERRORS

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Friendship Retirement Corp. shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. Friendship Retirement Corp. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Friendship Retirement Corp. shall immediately issue a credit to your credit card account in the amount of the charge.

CONTACT INFORMATION & NOTICE PROVISIONS

If you have any questions about this Site and its functionality, please contact the Glencroft IT Department at helpdesk@glencroft.com or (623) 847-3004.

All notices about our Terms, our practices, and other legal matters shall be appropriately noticed in writing and shall be delivered to Owner at the Statutory Agent address set forth below (except Move Out Notices and Walk Throughs in Resident Leases which can be given directly to Glencroft as listed below) and to Resident at the Residence designated herein. To be effective under this Agreement, all written notices must be hand-delivered or mailed by certified mail. All notices shall be effective for all purposes upon the earlier of (i) receipt by the addressee; or (ii) five (5) days after deposit into the U.S. Mail if sent by certified mail:

Move Out Notices & Walk-Throughs:
Glencroft Senior Living
Marketing Sales Assistant (Administration Building)
8611 North 67th Avenue
Glendale, Arizona 85302

Designated Copyright & Trademark Agent:
Focus Law Firm, PLLC
6339 Charlotte Pike #592
Nashville, Tennessee 37209
info@focuslawfirm.com

All Other Legal Notices:
The Checkett Law Firm, PLLC
4835 East Cactus Road, Suite 345
Scottsdale, Arizona 85254
jcheckett@checkett-law.com

 


Last updated and effective: January 21, 2021