4. Registration and Security
5. Personal User Accounts
The Personal User Account is an account for your personal, non-commercial use only, and may be used (among other things) to submit, post, and transmit reviews and ratings, commentary, and other types of User Content. In creating or updating a Personal User Account, we ask that you provide complete and accurate applicable information about yourself in order to bolster your credibility as a contributor to the Golden Reviews Website, though you may choose not to provide information that makes you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else, provide an email address that is not your own, or create multiple Personal User Accounts. Personal User Accounts may not be used to write or respond to reviews of communities or service providers which you own or are otherwise affiliated with. Personal User Accounts also may not be used to write or respond to reviews of communities or service providers in direct competition with communities and care providers which you own or are otherwise affiliated.
6. Use of the Golden Reviews Website and Services
Restrictions on Rights to Use
Note: If at any time you would like to unsubscribe from receiving emails, we include detailed unsubscribe instructions at the bottom of each email.
Lucky Orange implements a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
7. Posting Content on the Golden Reviews Website.
You are solely responsible for any Content and other material that you submit, publish or display on the Golden Reviews Website or transmit to other Golden Reviews Website’s members and/or other users (the "Posted Content").
You agree not to post, distribute, or reproduce in any way on the Golden Reviews Website or through the Golden Reviews Service any copyrighted material, trademarks, or other proprietary or confidential information, without obtaining the prior written consent of the owner of such property.
You agree not to submit or post to the Golden Reviews Website any Posted Content or other material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You agree not to provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by Golden Reviews.
You agree not to provide any Posted Content that is unlawful, or that promotes or encourages illegal activity.
You are solely responsible for your ratings and reviews of senior housing communities and care providers listed on Golden Reviews Website or added by you to the Golden Reviews Website. Golden Reviews reserves the right, but has no obligation (except as required under applicable law), to monitor disputes between you and any entity which you have reviewed.
You agree that you will only provide Posted Content that you believe to be true; and you will not purposely provide false or misleading information.
By posting Posted Content on the Golden Reviews Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Golden Reviews and its agent, representatives and affiliates, and the users of the Golden Reviews Website as may be permitted by Golden Reviews, an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works such Posted Content. This license is non-exclusive, except you agree that Golden Reviews will have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Golden Reviews users for purposes of constructing or populating a searchable database, forum or other aggregation of communities and care providers’ reviews.
Below is a partial list of the kind of Content and communications that are illegal or prohibited on or through the Golden Reviews Website. Golden Reviews reserves the right to investigate and take appropriate legal or other action in its sole discretion against anyone who violates this provision, including without limitation, removing such violating communication from the Golden Reviews Service and terminating the membership of such violators or blocking your use of the Golden Reviews Service or Golden Reviews Website. You may not post Content that (a) is false or intentionally misleading; (b) is offensive to Golden Reviews or users of the Golden Reviews Website, such as Content or messages that promotes racism, hatred or physical harm of any kind against any group or individual; (c) harasses or advocates harassment of another person; (d) involves the transmission of unsolicited mass mailing or "spamming"; (e) violates the intellectual property or other rights of any person; (f) promotes illegal activities or conduct that is abusive; (g) is threatening, defamatory or libelous; (h) is pornographic or sexually explicit in nature; or (i) seeks or recommends providers of material that exploit people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
You agree that you will not post reviews of senior housing communities or service providers for which you are being in any way compensated by the communities or care providers being reviewed or by their competitors.
8. Copyright Dispute Policy
It is Golden Reviews’ policy to (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (b) remove and discontinue service to repeat offenders.
9. Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the Golden Reviews Website or Golden Reviews Service infringes a copyright, please send a notice of copyright infringement containing all of the following information to the Designated Agent in the address provided below ("Infringement Notice"): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (b) specific identification of all works or materials being infringed; (c) specific identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Golden Reviews is capable of finding and verifying its existence; (d) complete contact information about the notifier, including physical mailing address (not P.O. box), telephone number and email address; (e) a statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement made under penalty of perjury that the information provided is accurate, and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once a proper, bona fide Infringement Notice is received by the Designated Agent, it is Golden Reviews’ policy: (a) to remove or disable access to the infringing material; (b) to notify the Content provider, member or user that it has removed or disabled access to the material; and (c) for repeat offenders (or otherwise in Golden Reviews’ discretion), to terminate the Content provider's, member's or user's access to the Golden Reviews Service.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either (a) not infringing, or (b) rightfully posted and used with permission from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a written “right to use” notice to the Designated Agent.
If a Right to Use Notice is timely received by the Designated Agent, Golden Reviews may send a copy of the Right to Use Notice to the original complaining party, informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in approximately 10 to 14 business days or more after receipt of the Right to Use Notice, at Golden Reviews’ discretion.
Contact Information for Designated Agent:
Much Shelist, P.C.
191 North Wacker Drive, Suite 1800
Chicago, IL 60606
10. Activity With Third Parties
If you enter into correspondence or engage in any commercial or business activity with any third party in connection with your use of the Golden Reviews Service, including but limited to a dispute resolution process with a communities or a service provider you reviewed, such activity is solely between you and the applicable third party. Golden Reviews will have no liability, obligation or responsibility for any such activity. You hereby indemnify and release Golden Reviews from all claims arising from such activity.
The Golden Reviews Website and Golden Reviews Service (including, but not limited to, all text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Golden Reviews Website and Golden Reviews Service are also copyrighted works. Except for the Content submitted by members or users, the Golden Reviews Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Golden Reviews or its licensors. You acknowledge that the Golden Reviews Service and any underlying technology or software used in connection with the Golden Reviews Service contain Golden Reviews’ confidential or proprietary information. Except as expressly and unambiguously provided herein, Golden Reviews and its suppliers do not grant you any express or implied rights, and all rights in and to the Golden Reviews Website and Golden Reviews Service not expressly granted by Golden Reviews to you are retained by Golden Reviews.
THE GOLDEN REVIEWS WEBSITE AND GOLDEN REVIEWS SERVICE ARE PROVIDED BY GOLDEN REVIEWS ON AN "AS IS" BASIS. GOLDEN REVIEWS (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE GOLDEN REVIEWS WEBSITE, THE GOLDEN REVIEWS SERVICE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE GOLDEN REVIEWS WEBSITE OR IN ASSOCIATION WITH THE GOLDEN REVIEWS SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOLDEN REVIEWS (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, OR ACCURACY OF INFORMATIONAL CONTENT, GOLDEN REVIEWS (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE GOLDEN REVIEWS WEBSITE. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN SUCH JURISDICSIONS. GOLDEN REVIEWS IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE GOLDEN REVIEWS WEBSITE. Golden Reviews does not warrant or covenant that the Golden Reviews Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Golden Reviews Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Golden Reviews Service is accessed at your own discretion and risk; and you will be solely responsible for any damage to your computer system or loss of data that results from the download or other use accessing of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM GOLDEN REVIEWS, THE GOLDEN REVIEWS WEBSITE OR THROUGH OR FROM THE GOLDEN REVIEWS SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. While the information on the Golden Reviews Website or the Golden Reviews Service may include legal information, you understand and agree that such information is for educational purposes only, and is not, and will not be interpreted by you as, legal advice).
15. Limitation on Liability
Golden Reviews will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Golden Reviews’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
WITHOUT LIMITING THE FOREGOING, AND REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL GOLDEN REVIEWS OR ITS AFFILIATES OR SUPPLIERS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR DAMAGE OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Golden Reviews is a proprietary service and trademark of Golden Reviews.