Last Updated March 1st, 2013
1 - Introduction
Welcome to www.chipperlist.com (the "Site"). This site is owned and operated by Chipper List, Inc. ("us", "we', or "our").
ChipperList was created to help families find the best senior housing in their area. Our goal is to provide our users the tools and info they need to research communities online, easily get in touch with them for tours, and make a better buying decision.
Any references to children on our site is a reference to an adult who is the child of the parent they are providing elder care for and not a young person under 18. All services on this website are targeted for adults only. You must be 18 years of age or over to use the site. If you are under the age of 18 you can use the site under the supervision of your parent or guardian who has agreed to the Terms. You must be 13 years of age or older to use the site in compliance with the Children’s Online Privacy Protection Act (COPPA). The site is designed in the United States and intended for US users only. Anyone outside the US uses the site at their own risk and are responsible for abiding by their own laws.
2 - Advice Disclosure
The information we provide in regard to facilities is meant to be helpful but is for informational purposes only. You should visit each facility yourself and verify all information before making a decision about senior housing. We do not endorse any specific community or provide advice about which community you should choose. You should visit each community yourself and check all claims before making your own decision.
Any medical information provided in our resources should not be considered qualified medical advice, a diagnosis or a treatment. And such information should not be used to replace the medical advice from a doctor.
Additionally, any legal information on the website is provided for informational purposes only and is in no way qualified legal advice. Any legal decisions should be made with a qualified attorney.
If you have a medical emergency call 911 or your doctor immediately.
3 - Public Records Disclosure
All information we provide regarding assisted living inspections, violations, and citations are all gathered from public records from the California Department of Social Services. ChipperList does not control or take any responsibility for the content contained in any information provided on the website summarizing it or any electronic downloads pertaining to it. ChipperList does not do any inspections, post any violations, or issue any citations. Furthermore, information obtained from the public records or summarized on the website from the public documents should not be taken as an endorsement. It is only for informational purposes. You should visit each community and check all claims yourself before making any decision.
4 - Restrictions of Use
All content contained on the site such as text, graphics, logos, icons, audio, and video clips, and digital downloads is our property or the property of the companies we license it from. Any trademarks contained on the site are proprietary to us and may not be used in connection with any product or service that is not ours in any way that could confuse our customers or that discredits our services. All other marks not owned by us are the property of their respective owners.
We grant you access to use the site and digital downloads for personal use for information purposes only. No content on the site may be copied, reproduced, republished, uploaded, posted, downloaded, transmitted, or distributed in any way, sold, resold, or otherwise exploited for any commercial purpose without our prior written permission. Also, you may not mirror any materials contain on our site or any of our servers without our prior written permission.
5 - Use of Passwords
The site may create a password and ID for you and provide it to you through email so you can access materials or save data about your search. Or you may choose your own password and ID in some circumstances. Each user who uses their assigned password and ID will be authorized to use the site. You acknowledge and agree that you will be solely responsible for all access to and use of the website by anyone using the password and id assigned to you whether created by the site or by you and whether or not such access and use of the site was actually authorized by you including financial obligations for purchases made on the site during such use.
6 - System Requirements
The site and resources including audio, video and digital downloads may require special software on your computer to use. You are solely responsible for acquiring such software in order for use. We may change content at any time and therefore change the system requirements at any time.
Your ability to use the site effectively may be affected by the performance of the software, device, or internet connection you are using and we are not responsible for any problems or drawbacks caused by your choice of software, device, or internet connection to use our site.
7 - Submissions
Sections of the site may allow you to post reviews, comments, pictures, and other content. You may send these communications so long as none of these materials:
Restrict or inhibit any other user from using the site
Post or transmit any unlawful, fraudulent, obscene, threatening, hateful or pornographic information of any kind.
Post or transmit any advertisements, solicitations, or schemes for commercial gain of any kind
Use any robot, spider, scraper or other automated means to access our site for any purpose without our prior written approval
Post or transmit any information or software that contains a virus, trojan horse, worm, or any other harmful digital component.
You also agree to only post submission that you own or otherwise control the rights to.
We have the right to monitor, remove, and edit any activity or submission of content on the site for any reason. We have no responsibility and assume no liability for any user generated content posted or sent by your or by anyone else on the site.
8 - Links on the Site to Other Websites
9 - Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON OUR WEBSITE OR LINKED FROM OUR WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO WARRANTY THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ACCESS TO OUR WEBSITE OR ANY INFORMATION. POSTINGS, OPINIONS OR SERVICES LINKED FROM OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. IN ADDITION, WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, PARTNER, CAREGIVER, CARE RECIPIENT OR EXPERT WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY US OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER.
10 - Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (OR OUR OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, ADVERTISERS, EXPERTS, SUPPLIERS, PARTNERS OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE OUR WEBSITE, REMOVAL OR TERMINATION OF OUR WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON OUR WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM OUR WEBSITE OR ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO US DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $1,000, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
11 - No Professional Advice
WE OFFER INFORMATION RELATED TO FINDING SENIOR HOUSING AS WELL AS CARING FOR A PARENT WHICH INCLUDES MEDICAL, LEGAL, FINANCIAL, HOUSING, AND OTHER INFORMATION RELATED TO CARE GIVING. THIS INFORMATION IS PROVIDED TO YOU FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. ANY INFORMATION FOUND ON OUR SITE IS NOT A SUBSTITUTE FOR OBTAINING SPECIFIC MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL OR LICENSED SERVICES ADVICE DIRECTLY APPLICABLE TO YOUR SITUATION. YOU SHOULD NOT RELY ON ANY INFORMATION ON OUR SITE AS A SUBSTITUTE FOR SUCH PROFESSIONAL ADVICE.
THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF A PHYSICIAN, ATTORNEY, FINANCIAL, ADVISOR OR OTHER PROFESSIONAL OR LICENSED ADVISOR. DO NOT DISREGARD MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL OR LICENSED ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON OUR SITE. ALWAYS VISIT EACH COMMUNITY AND CHECK ALL CLAIMS AND INFORMATION BEFORE SIGNING UP WITH A SENIOR HOUSING COMMUNITY.
NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR LAW; OR FINANCIAL, PROFESSIONAL, OR LICENSED SERVICES. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. WE PROVIDE NO ASSURANCES THAT THE INFORMATION CONTAINED IN THIS WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
USE OF OUR SITE OR PRODUCTS DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, ATTORNEY/CLIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON OUR PART. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, ATTORNEYS, ADVISORS, CAREGIVERS, PROCEDURES, OPINIONS, ADVICE, OR OTHER INFORMATION THAT MAY APPEAR ON OUR SITE. IF YOU RELY ON ANY OF THE INFORMATION PROVIDED BY OUR SITE, ITS EMPLOYEES, CONSULTANTS, OR ITS GUESTS OR VISITORS, YOU DO SO SOLELY AT YOUR OWN RISK.
12 - Indemnification
13 - Copyright Complaints
We respect the intellectual property rights of others throughout the online community. If you believe that your work has been copied on our site in a way that constitutes copyright infringement, please notify us using our contact form on our site.
14 - Modifying the Terms
We may change, add, or remove parts of these terms at any time. You will need to check this page again for any changes. Your continued use of the website signifies your acceptance of any revisions.
15 - Termination
16 - Governing Law and Arbitration
Any dispute of any kind between a user and Chipper List, Inc. or any employee, agent, affiliate, or representative of Chipper List, Inc. will be resolved by final and binding arbitration.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
The arbitrator's decision and award will be final and binding and entered in any court with jurisdiction.
17 - Electronic Communications
When you visit the site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18 - Trademark and Copyright
The ChipperList logo and flower mark are service marks of Chipper List, Inc. copyright 2013 Chipper List, Inc. All rights reserved.
19 - Miscellaneous Legal Provisions
We may discontinue the site at any time and for any reason, without notice. We may change the contents or operation of the site at any time for any reason, without notice.
20 - ChipperList Radar Sales
ChipperList Radar sales on the site can only be refunded the same day of purchase. After the day of purchase all sales are final and cannot be refunded. This is because ChipperList starts to take action and gather the reports from the department of social services and therefore cannot offer refund beyond the day of purchase.
Customers can cancel upcoming subscriptions at any time before the next billing cycle starts and they will not be charged.