Terms of Use – Atlantic Shores Retirement Community
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Terms of Use

Welcome to Atlantic Shores’ website. This website is designed to provide information about Atlantic Shores, and this information is provided to you subject to the following Terms of Use, which include our Privacy Policy. Please carefully read and review these Terms of Use before using this website. By using the website, you are agreeing to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use, then do not use the website.

Atlantic Shores reserves the right, at its discretion, to modify, add, or delete provisions of the Terms of Use. It is your responsibility to periodically review the Terms of Use for such changes, which become effective immediately upon being posted on our website. Your continued use of the website after any changes have been made and posted on the website indicates your acceptance of the revised Terms of Use.

If any of the Terms of Use should be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms of Use.

Atlantic Shores’ failure to enforce any of the provisions of the Terms of Use does not constitute a waiver of any of the provisions of the Terms of Use.

Please direct any questions or comments regarding the website, including the Terms of Use, to asliving@ascanet.com.

PRIVACY POLICY

Atlantic Shores respects the privacy of our users so we have established a Privacy Policy which you should review before using this website. Our Privacy Policy is incorporated by reference into the Terms of Use. By using the website, you are agreeing to be bound by the Privacy Policy, including any changes to the Privacy Policy posted on the website.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this website, including but not limited to text, graphics, photographs, icons, and software, are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, distribute, sell, license, rent, modify, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content and materials available on Atlantic Shores’ website. Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Atlantic Shores is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

USER CONDUCT

You agree that you will not do the following in reference to Atlantic Shores’ website:

  • Use this website for any unlawful purpose or for any purpose which is prohibited by these Terms of Use;
  • Interfere with or disrupt the website and its services in any way which affects the ability of other users to participate or use the website;
  • Transmit or disseminate to us any materials containing viruses, corrupt files, spam, junk mail, unwanted commercial advertisements, or any other harmful or damaging programs, including, but not limited to, data mining tools, robots, spiders, or crawlers;
  • Supply any false, inaccurate or misleading information to us or our website;
  • Interfere with or disrupt our website;
  • Transmit or disseminate information to us on behalf of someone else, unless you have our express, written consent to do so; and
  • Use this website, in any way, in connection with criminal activity.

Atlantic Shores’ website contains links to other websites, and if you choose to link to any of those other websites, you are doing so at your own risk. We have not made any determinations as to, and are not making warranties regarding, the accuracy of information available at other websites to which you can link through Atlantic Shores’ website. You acknowledge that you bear all risk associated with your use of information posted on other websites to which you choose to link, and Atlantic Shores is in no way responsible for any damages which you may suffer in connection with your linking to other websites through Atlantic Shores’ website.

TERMINATION

Atlantic Shores reserves the right to refuse access to this website, block your email address or IP address, or terminate your use of this website at any time in its sole discretion. If Atlantic Shores decides to terminate your use of our website, the disclaimers and limitations of liability set forth in these Terms of Use still survive.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED BY ATLANTIC SHORES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATLANTIC SHORES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIS WEBSITE AND ITS OPERATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ATLANTIC SHORES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATLANTIC SHORES DISCLAIMS ANY WARRANTIES RELATED TO THE PERFORMANCE, RELIABILITY, AND SECURITY OF THIS WEBSITE AND ANY OTHER WEBSITES WHICH YOU CHOOSE TO ACCESS THROUGH OR BASED UPON OUR WEBSITE ALONG WITH ANY OTHER USERS OR THIRD PARTIES WHICH YOU MAY LEARN ABOUT OR HAVE ACCESS TO THROUGH OUR WEBSITE.

ATLANTIC SHORES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICE OR LOSS OF DATA THAT IS CAUSED BY USE OF THIS WEBSITE. ATLANTIC SHORES IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY LINKS ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE NOT SATISFIED WITH ANY ASPECTS OF THIS WEBSITE OR OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE.

INDEMNIFICATION

You agree to indemnify and hold Atlantic Shores harmless from any liability, claim, demand, or damage, including reasonable attorneys’ fees, court costs, and expert fees, asserted by any other users or third parties due to or arising out of your use of our website, your conduct and behavior related to our website, your postings or other information made available on our website, and your violation of any of the Terms of Use.

CLAIMS

Regardless of any laws or statutes to the contrary and regardless of the fact that you may reside outside the United States of America, you agree that you will be forever barred from bringing any claim or cause of action which relates to our website or the Terms of Use unless you file such claim with the American Arbitration Association within one (1) year after such claim or cause of action accrues to be arbitrated in Virginia Beach, Virginia. Failure to comply with this one (1) year requirement shall constitute an absolute bar to such claim or cause of action.

Any disputes relating to the Terms of Use or our website shall be submitted to confidential arbitration in Virginia Beach, Virginia, and you waive any and all objections which you have to such disputes being resolved through arbitration in Virginia Beach, Virginia, including any objections to jurisdiction or venue. Arbitration under these Terms of Use shall be conducted under the commercial rules of the American Arbitration Association, unless other rules are mutually agreed upon by the parties. Any award made by the arbitrator shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

The Terms of Use and any relationship between you and Atlantic Shores shall be governed in all respects by the laws of the Commonwealth of Virginia, which laws shall prevail in the event of any conflict of law, without regard to, and without giving effect to, the application of Virginia choice of law rules.

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO A TRIAL BY JURY FOR ANY AND ALL CONTROVERSIES ARISING OUT OF THESE TERMS OF USE AND YOUR USE OF THIS WEBSITE.