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Terms of Use

Thank you for using the Sequoia Living, Inc.’s website located at the URL https://www.sequoialiving.org and related websites, including http://thesequoiassf.org/, http://thesequoiaspv.org/, https://thetam.org, and http://sequoialivinghealthservices.org/ (the “Site,” “we,” “our,” or “us”). These Terms of Use govern any access or use of the Site by you (“you,” “your,” or “User”). By accessing, browsing, or otherwise using the Site, you agree to be legally bound by these Terms of Use—and further acknowledge consent to our collection and use of information as set forth in the Privacy Policy for the Site.

Please read these Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, do not access or use the Site. Please check back periodically as these Terms of Use may change from time to time.

License to Use the Site and Restrictions on Use

We grant you a personal, limited, nonexclusive license to access and use the Site and its contents (individually and collectively, the “Site Content”) solely for your personal, individual, and non-commercial use. You may not access or use the Site except for these express purposes and as expressly allowed by these Terms of Use.

Subject to the rest of these Terms of Use, you may not re-publish, re-transmit, display publicly, modify, or otherwise exploit the Site Content. You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the Site for the purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the Site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site through viruses, Trojan horses, worms, cancelbots, or other such applications.

Intellectual Property

All Site Content is owned by Sequoia Living, including without limitation all applicable copyrights, trademarks, and other intellectual property or proprietary rights. For example, the name Sequoia Living and the Sequoia Living logo, and the names and logos associated with Sequoia Living’s residential communities are trademarks owned by Sequoia Living.

Registering an Account

Certain features of some of the Sequoia Living’s websites may offer you the option of registering an account. By registering an account, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of your registration information; and (c) you are at least 13 years old. You will be asked to create a password when you register an account, which you must keep confidential and not share with others. You are responsible for all use of your password and account.

Online Payments and Donations

The Site may allow Users to make donations or purchases, such as event tickets. If you donate or make a purchase on the Site, you agree to pay all applicable fees and taxes. By providing your payment information, you represent and warrant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information.

Senior Services for Northern California (SSNC) is the supporting foundation for Sequoia Living. SSNC is a California nonprofit, tax-exempt organization which exists to raise funds and awareness for Sequoia Living and which supports programs and services that provide care to persons in the Bay Area. SSNC is located at 1525 Post Street, San Francisco, CA 94109. Financial disclosure documents are available through https://www.sequoialiving.org/ssnc/about-us.

Donations may be eligible for a tax deduction as allowed by law. All donations processed by Sequoia Living’s payment processors are final and may not be refunded.  For questions about financial information or about SSNC’s purpose, programs and activities, call at (415) 202-7800, visit www.sequoialiving.org, or write to SSNC.

If you choose to register for a recurring donation, you provide consent for Sequoia Living’s payment processors to process recurring payments in the amount you choose. You can opt out of recurring donations by editing the settings in your Sequoia Living account.

Reliance on Information on the Site

Although we try to ensure that all Site Content is correct and up-to-date at the time we include it on the Site, the Site is for general informational purposes only and we cannot guarantee the completeness or accuracy of the Site Content. We are not responsible or liable for your reliance on the Site Content.

Eligibility

By using the Site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of this Site does not violate any applicable law or regulation.

No Endorsement of Third Party Websites

The Site may feature links to websites maintained by third parties. Sequoia Living provides any such links to other websites as a convenience, and use of these sites is at your own risk. We do not operate or control in any respect any information, products or services on these third-party sites. The materials on any such third-party sites are provided “as is” and without warranties of any kind either express or implied. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY FROM ANY DAMAGES THAT MAY RESULT FROM THE ACCESS OR USE OF ANY THIRD-PARTY WEBSITES.

Indemnity

YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR AFFILIATES, BOARD OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR ANY SITE CONTENT.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THE SITE (INCLUDING WITHOUT LIMITATION ANY AND ALL SITE CONTENT) “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY SITE CONTENT—INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR AFFILIATES, BOARD OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE (OR ANY SITE CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN IT IS NOT APPLICABLE AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Changes to Terms of Use

We may change or update these Terms of Use, and will post the changes to the Site to notify you. We encourage you to visit this page periodically to remain informed of any changes. If you continue to use the Site after those changes are in effect, you agree to the revised Terms of Use. If the changes are significant, we may provide more prominent notice or get your consent as required by law.

Governing Law and Jurisdiction

These Terms of Use shall be interpreted under and governed by the laws of the State of California, without reference to its choice-of-law provisions. All claims arising out of or relating in any way to these Terms of Use must be brought solely in San Francisco County, California, or in the Northern District of California, as applicable; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of California and said courts and specifically waive any objection that you may have to venue in said courts.

Violations and Additional Policies

Sequoia Living reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address.

Other Legal Terms

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement. There are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend, or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable in any jurisdiction for any reason, that provision, as to such jurisdiction, shall be ineffective, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is effective unless in writing, nor is any waiver a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Effective: January 30, 2020.

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