Privacy Policy / Terms of Use

Privacy Policy

Website Privacy Policy

Last modified: November, 1 2022

Introduction

National Senior Communities, Inc., a non-profit organization (“NSC” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit any website made available by NSC (collectively, the “Sites,” and each individually, the “Site”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites. By accessing or using any Site, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of any Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

This policy is incorporated into, and considered a part of, our Terms of Use (“Terms”), which can be found here https://nationalseniorcommunities.org/privacy-policy-terms-of-use/ . Capitalized terms not otherwise defined here will have the meaning assigned to them in our Terms.

Individuals Under the Age of 18

The Sites are general audience sites and do not offer services directed to individuals under 18 years of age. No one under the age of 18 may provide any information to or on the Sites. We do not knowingly collect personal information from individuals under 18.

If you are under 18, do not use or provide any information on the Sites or on or through any of their features, do not register on the Sites, use any of the interactive areas or features on the Sites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA.

Should an individual whom we know to be under the age of 18 send personal information to us, we will delete or destroy such information as soon as reasonably possible. If you believe we might have this type of information, of if you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please let us know by contacting us here. We will remove all such data and information data.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Sites, including information by which you may be personally identified, such as your name and email address .

Information You Provide to Us

The information we collect from you on or through our Sites may include:

• Information that you provide by filling out forms on our Sites or using various features through which you can contact us. This includes information provided at the time of sending any communications to us or requesting further services. We may also ask you for information when you report a problem with one of our Sites.

• Records and copies of your correspondence (including email addresses), if you contact us.

Information We Collect Through Automatic Data Collection Technologies As you navigate through and interact with our Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: · Details of your visits to our Site(s), including traffic data and other communication data and the resources that you access and use on the Site. · Information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically helps us to improve our Sites and to deliver a better and more personalized service, including by enabling us to: · Estimate our audience size and usage patterns. · Store information about your preferences, if any. · Recognize you when you return to our Site. The technologies we use for this automatic data collection may include: • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to any of our Sites. • Web Beacons. Pages of our Sites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit NSC, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Sites and their contents to you.

• To provide you with information, products, or services that you request from us.

• To fulfill any other purpose for which you provide it.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.

• To contractors, service providers, and other third parties we use to support our business. We use Google Analytics, a web analytics service. You can prevent the storage of data relating to your use of Sites and created via the cookie (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available at (requires you to install a browser add-on).

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of NSC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by NSC about our Site users is among the assets transferred.

• To fulfill the purpose for which you provide it. For any other purpose disclosed by us when you provide the information.

• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our Terms.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of NSC, or others.

Your Choices

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is currently no industry consensus as to what site and app operations should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit https://www.allaboutdnt.org.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

You may request the removal of your personal information from our databases, or deactivate your account (if any), by contacting us here.

Nevada Privacy Rights

Nevada laws permit customers in Nevada to opt-out of the sale of certain kinds of personal information. NSC does not sell your personal information to third parties for monetary consideration to trigger the opt-out requirements under Nevada law. If you are a Nevada resident and have questions, please contact us here.

Data Security

Unfortunately, the transmission of information via the internet is not completely secure. Although we implement reasonable safeguards intended to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.

The safety and security of your information also depends on you. If, for example, we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Changes to Our Privacy Policy

This privacy policy is periodically reviewed and amended as necessary, and may change as NSC updates and expands the Sites or any part thereof, and as may be needed to comply with any applicable law or regulation. If you have shared your email with us via a Site, NSC will endeavor to notify you of any material changes by email, by placing a prominent notice on our Sites, and/or by updating any privacy policy information on this page. NSC also encourages you to review this privacy policy periodically.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, or if you have technical problems, contact us at https://nationalseniorcommunities.org/contact/.

Terms of Use

Last Modified: November 1, 2022

Acceptance of the Terms

These Terms of Use are entered into by and between you and National Senior Communities, Inc., a non-profit organization (“NSC,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of any website made available by NSC, including any content, functionality, and services offered on or through such websites (collectively, the “Sites,” and each individually, the “Site”).

Please read the Terms carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://nationalseniorcommunities.org/privacy-policy-terms-of-use/, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Sites.

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with NSC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any of the Sites.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. Your continued use of any Site following the posting of revised Terms means that you accept and agree to the changes. NSC will endeavor to notify you of material changes to these Terms by email if you provide us with your email address, but will not be liable for any failure to do so. What constitutes a material change will be determined in our sole discretion. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must immediately stop using the Sites. Your continued use of any of the Sites following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by applicable laws or regulations.

Accessing the Websites and Account Security

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entirety of any Site, to users, including any registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to a Site.

• Ensuring that all persons who access any of the Sites through your internet connection are aware of these Terms and comply with them.

To access the Sites or any of the resources they offer, including resources provided by third parties, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide through the use of any interactive features on the Sites, or to register with any of the Sites, is governed by

our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that any such account is personal to you and agree not to provide any unauthorized person with access to the Sites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Sites and their entire contents, features, and functionalities are owned by NSC, its licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display enhancement purposes.

You must not:

• Modify copies of any materials from this site.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by NSC. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The service marks and trademarks of NSC, and all related names, logos, product and service names, designs, and slogans, are owned by NSC or its affiliates, subsidiaries, or licensors. You may not copy or use any of these marks, logos or trade names without the express prior written consent of NSC. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use the Sites:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate NSC, an NSC employee, another user, or any other person or entity.

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm NSC or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in any activities through the Site.

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Site.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

• Otherwise attempt to interfere with the proper working of the Site.

Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO ANY OF OUR SITES, OR BY ANYONE WHO MAY BE INFORMED OF THE CONTENTS OF ANY SITE. We may update the content on this Site or any of our other Sites from time to time. Any of the material on a Site may be incomplete or out of date at any given time, and we are under no obligation to update such material.

A Site may include content provided by third parties. All statements and/or opinions expressed in these third party materials, other than the content provided by NSC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NSC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to any of our Sites

All information we collect on any of our Sites is subject to our Privacy Policy. By using this or any other Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage(s), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Third-Party Links

If a Site contains links to other sites and resources provided by third parties, these links are provided for your reference and convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of use for such third party websites. NSC expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Sites. You hereby agree to hold NSC harmless from any liability that may result from your use of third-party links that may appear on the Sites.

Geographic Restrictions

The owner of the Sites is based in the United States. We provide the Sites for use only by persons located in the United States. We make no claims or representations that the Sites or any of their content is accessible or appropriate for use outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY AN ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER DEVICES OR PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH

THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION AND NON-INFRINGEMENT.

NEITHER NSC, ITS AFFILIATES OR SUBSIDIARIES, NOR ANY PERSON ASSOCIATED WITH THEM, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER NSC, ITS AFFILIATES OR SUBSIDIARIES, NOR ANY PERSON ASSOCIATED WITH THEM REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR ANY SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE NSC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless NSC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites, any use of a Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from any of the Sites.

Governing Law and Jurisdiction

All matters relating to the Sites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland, without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the City of Baltimore, Maryland, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your state or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by NSC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NSC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and the Privacy Policy constitute the sole and entire agreement between you and NSC regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

Your Comments and Concerns

The Sites are operated by National Senior Communities, Inc.

All feedback, comments, requests for technical support, and other communications relating to a Site can be submitted at https://nationalseniorcommunities.org/contact/.