The information provided on or through this website, any affiliated website or any pages thereof (collectively, the "Website") is for general information only and is not intended as a substitute for advice from qualified professionals; including, accountants, attorneys, doctors, regulators and other professionals. Neither National Assisted Living Association Florida, LLC, a Florida limited liability Company (“NALAFL”) nor National Assisted Living Association Florida Advisor Services, LLC, a Florida limited liability company (“NALAFLAS” and collectively with NALAFL and their respective officers, directors, managers, employees, members, shareholders, agents, successors and assigns, “NALA”, “We”, “Us” or “Ours”) has investigated and does not guarantee any of claims, representations, warranties, guarantees, truthfulness, accuracy, reliability, content or other information (collectively, the “Representations”) of any user, affiliate, service provider, vendor or contractor (individually a “Contractor” and collectively the “Contractors”) on this site. No endorsement of any Contractor’s products, services or opinions are implied or intended. You must rely on your own judgment when sharing your personal information or engaging in business or other activities with Contractors and other users. You are solely responsible for investigating and evaluating the products, services, advice, Representations, Contractors, and users on this site. You are encouraged to seek personal advice from qualified professionals to assist you with such investigations.
We recognize that users may have concerns about privacy issues as they navigate the Internet. We are committed to providing users with a safe, secure environment in which to secure information. We will use reasonable efforts to ensure that the information you provide remains private and is used only for the purposes stated below.
We collect general information about the users of our site. This information helps us determine which parts of the site visitors find most valuable as well as how we can continually improve the services we provide.
We may use your IP address to help diagnose problems with our servers and to administer our Website. We may also share your information with any of our parents, subsidiaries, affiliates, successors, assigns and business partners (individually a “Recipient” and collectively the “Recipients”). See License in the General Terms and Conditions.
Users may use this Website without registering but registration must occur in order to use portions of the Website and personalized services. Our site’s registration form requires specific contact information: name, email address, etc. We use the customer contact information to learn more about our visitors. The contact information is also used to contact users when necessary.
Unique identifiers (such as IDs and passwords) are collected to verify the visitor’s identity and for use as account numbers in our record system.
Links to Other Sites
Our Website may contain links to our affiliates and third-party websites. These links are provided solely as a convenience to users and not as an endorsement by us of the contents on such affiliate or third-party websites. We are not responsible for the content of linked affiliate or third-party sites and do not make any representations regarding the content or accuracy of materials on such affiliate or third-party websites. Links to affiliate and third-party websites are performed at your own risk.
We communicate with users by email for specific web-related functions, such as password reminders. Because these messages are critical to site use, users will not be able to opt-out of receiving such messages.
Users who register with us receive emails from us about new features and similar messages that we feel may be of interest. Registered users may opt-out of receiving these messages by contacting us electronically or sending a written request to: National Assisted Living Association, 260 1st Ave S, Suite 200, Mail Stop 106, St. Petersburg, Florida 33701, or by calling: (877) 669-6252
You may disable the cookie function on your browser or erase the contents in your cookies file. To do this, consult the help features in your browser and program manager. However, please bear in mind that doing this prevents the Website from recognizing you as a previous user of the Website.
Your account containing your information is password protected and should never be shared with anyone. This site has security measures in place to protect against the loss, misuse, and alteration of the information under our control.
We encourage visitors to submit feedback. Any feedback that is submitted becomes our property and we may use this feedback for marketing purposes, or to contact visitors for more information.
GENERAL TERMS AND CONDITIONS
By using this Website you agree to these General Terms and Conditions (this “Agreement”). Please read this Agreement carefully and print and/or retain this information electronically for your records. THIS AGREEMENT CONTAINS PROVISIONS RELATING TO THE ELECTRONIC SIGNATURES, VERIFICATIONS AND DISCLOSURES.
1. Acceptance of Terms. By accessing this Website, any affiliated website or any pages thereof; registering with the Website or NALA; or ordering, purchasing or accessing any products or services of NALA, any affiliate, or any other Contractor or user of the Website, you agree to be bound by all of the terms and conditions in this Agreement and the Policies and Procedures (defined below). This Agreement forms the basis of the agreement between you and us. If you do not agree to the terms and conditions contained in this Agreement, do not access the Website or register with us.
b. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (1) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (3) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
3. Spamming; Batching; Scripting. Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on our systems machine, or directing traffic to a webpage that contains any reference to NALA is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account and membership without refund. Any service interruptions as a result of subscribers spamming will be billed to the subscriber at $150.00 per hour until service is restored. Subscriber will also be in violation of the Terms and Conditions and subject to legal action. Batching or in any way trying to script the addition of new subscribers to the web form subscribe methods is strictly forbidden. A script must not be used to auto submit a web form subscriber on behalf of a website visitor. The visitor who desires to subscribe to your list must be the one to activate that subscription process.
5. Photo, Audio and Video Shoots and Recordings. You acknowledge that promotional photography, audio, video and/or other recording (a "Shoot") may occur from time to time at NALA offices, conferences, seminars, webinars, meetings and other events (collectively, “Events”); including designated areas at the venues for the Events for such Shoots (the "Shoot Designated Area"), without your prior written consent. By attending or participating in any and all such Events, you hereby grant NALA an irrevocable, royalty free, worldwide license to use your name, trade name(s), logo, likeness, image, voice and/or appearance in a Shoot. You may opt out of the provisions of this paragraph by providing written notice to NALA prior to NALA’s use and NALA will use reasonable efforts to comply with your request, excluding moving the Shoot from the Shoot Designated Area. Notwithstanding the foregoing, by entering that portion of the Event in which a Shoot is taking place, you and your employees, agents, and invitees (the “Your Invitees”) consent to such photography, audio, video and/or other recording and the release, publication, exhibition or reproduction of such photos, images, videos, and other recordings in which they may appear for promotional purposes by NALA. Subject to the foregoing, you and Your Invitees each hereby releases and discharges NALA and its agents, representatives, and assignees from any and all claims and demands arising out of or in connection with the use of the name, likeness, image, voice, or appearance of you or any of Your Invitees, including any and all claims for invasion of privacy, right of publicity, misappropriation, misuse, and defamation. You represent and warrant to NALA that Your Invitees will have been informed of and agreed to this consent, waiver of liability, and release before they enter that portion of any Events in which a Shoot is taking place.
6. License Grant to You. We grant to you a personal, non-exclusive, nontransferable, indivisible license to use the Website and the information contained therein for your personal (or internal) use subject to your compliance with this Agreement, the Policies and Procedures and applicable law. This license does not grant you any other rights in or to the Website or the information contained therein, including without limitation, any right to copy, reproduce, prepare derivative works, distribute, rent, lease, sell and otherwise exploit the Website or the information contained therein. Under this license, you shall be obligated to retain all NALA Marks (as defined below) on any materials you obtain from the Website.
7. Termination. You may terminate this Agreement at any time by sending us a notice in accordance with this Agreement and by thereafter stopping your use of the Website. Any membership you have with NALA will also be terminated. There will be no refund of any fees, consideration or payments paid to, or through, NALA (including, any membership fees) and any points, discounts, promotions, awards, and other consideration offered by or through NALA will automatically be forfeited by you.
8. Your Affiliates. At your election, and upon the payment of any and all affiliate fees required by us, all of your rights and obligations hereunder shall extend to one or more Affiliates (as hereinafter defined) and shall continue in such Affiliate until the earlier of (i) the later of the expiration or termination of this Agreement with you, (ii) the date we exercise any of our termination rights hereunder (including, without limitation, the rights contained in Section 2 hereof), or (iii) such time as the Affiliate ceases to maintain its status as an Affiliate. Upon the payment of all affiliate fees, the respective Affiliate shall receive account access information from us. Notwithstanding the provisions of the preceding sentence, account access information (including user names, passwords, access codes and other information) provided to you by us shall not be disseminated, distributed or otherwise disclosed to any other party, including any Affiliates. As used herein, an "Affiliate" or “Affiliates” shall mean, individually or collectively, any parent, subsidiary or affiliate which controls, is controlled by or under common control with you and satisfies the following conditions: (i) agrees in writing to be bound by all terms and conditions of use for our products and services (including, without limitation, this Agreement and the Policies and Procedures), and (ii) you neither pay to or receive from any such subsidiary or affiliate any compensation which relates to or arises from our products or services other than pursuant to a standard intercompany expense reimbursement agreement related to the sharing of costs for our products and services. As used herein, "control" shall mean the power to direct the principal business management and activities of an entity through ownership of voting securities or by written agreement.
9. No Endorsement. We do not endorse or recommend the products or services of any affiliate, Contractor or other party using the Website. Without limiting the foregoing, we are not responsible for any content, promotions, contests, advertisements, claims, representations (including, without limitation all representations related to warranties, guarantees, performance, capabilities, abilities, licenses, certifications, endorsements, data, compliance and information), warranties, covenants, guarantees, other information, products or services of any affiliate, Contractor or other user. Each affiliate, Contractor or user of the Website is solely responsible, at its own cost and expense, to deliver and perform in accordance any agreements, claims, representations, warranties, covenants and guarantees made by such affiliate, Contractor or user. We do not guarantee the performance of any affiliate, Contractor or user and you must rely on your own judgment when sharing information or engaging in activities with affiliates, Contractors or users on or through the Web Site. Further, you are solely responsible for investigating and evaluating each affiliate, Contractor or user and the content, promotions, contests, advertisements, claims, representations (including, without limitation all representations related to warranties, guarantees, performance, capabilities, abilities, licenses, certifications, endorsements, data and information), warranties, covenants, guarantees, other information, products or services of such affiliates, Contractors and users.
10. Ownership. You acknowledge and agree that all technical information you receive or learn from us is proprietary to us and you will not reverse engineer, decompile, disassemble, modify or create derivations of any code or formula provided by or through us. We retain all right, title and interest in and to, and ownership of, or licensing rights in (as applicable), all software related to or arising from the Website and our products and services (collectively, the "Software"), all derivative works of the Software and all proprietary rights therein, both during and after the termination or expiration of this Agreement. You hereby assign to us any and all rights to any modifications, derivative works, new technology, products or services subsequently developed or acquired by you with respect to the Software. You further agree that upon request from us, you will provide us with the format and two (2) samples of any derivative works or modifications to the Software made by you.
11. Delivery. Subject to the terms and conditions of this Agreement and the Policies and Procedures, you will have unlimited on-line internet access to the Website and Software during the term of this Agreement. You acknowledge and agree that access to the Website and Software on-line may, from time-to-time, be unforeseeably interrupted.
12. Fees, Commissions, Incentives and Other Compensation. We may receive fees, commissions, incentives, discounts, points, reimbursements, and/or other compensation from affiliates, Contractors, other users and/or the products and services marketed through the Website or otherwise by us. Your use of the Website or your use or engagement of such products or services constitutes your agreement with any such compensation arrangements that we may have with affiliates, Contractors and other users with whom you may conduct business.
13. Trademarks. Except as otherwise expressly provided herein, you will not use any of NALA’s trademarks, service marks, trade names, logos or icons (collectively, the “NALA Marks”) without our prior written consent. Notwithstanding our consent, any use of the NALA Marks by you or any other Contractor or user shall be in compliance with all applicable law. You agree not to apply for registration of the NALA Marks (or any mark confusingly similar thereto) anywhere in the world.
14. Copyrights. The artwork, logos, texts, photographs, videos, software design, scripts and code, content, forms, information, Website design and architecture, music, sounds and environments at or used in association with the Website, together with their selection, compilation, organization, structure and sequence, (collectively and individually called the "Content") are either the property of, or used with permission by, us and are protected by copyright and other proprietary laws. Pursuant to Section 6 of this Agreement, you are granted a limited license to download the Content for your personal and non-commercial use only, provided that all proprietary notices and the NALA Marks are kept intact. You may not reproduce, modify, publish, translate, merge, decompile, disassemble, reverse engineer, sell, rent, distribute, or creating a derivative work of, or in any way exploit, the Content in whole or in part.
16. NALA Representations and Warranties. NALA represents and warrants that (i) it has all requisite power and authority to fulfill its obligations and to perform the transactions contemplated under this Agreement, (ii) it has undertaken all necessary actions to ensure the electronic execution and delivery and performance of this Agreement is duly authorized, and (iii) this Agreement constitutes a legal, valid and binding obligation of NALA, enforceable in accordance with its terms.
17. Your Representations and Warranties. You represent and warrant (on behalf of yourself and your Affiliates) that (i) you have all requisite power and authority and hold all licenses, permits and other required authorizations (including, without limitation, all necessary authorizations from all requisite governmental authorities) necessary to fulfill your obligations under this Agreement and to perform the transactions contemplated under this Agreement, (ii) you have undertaken all necessary actions to ensure the electronic execution and delivery and performance of this Agreement is duly authorized, (iii) this Agreement constitutes a legal, valid and binding obligation of you, enforceable in accordance with its terms, and (iv) there are no actual or potential infringement, copyright, or patent violations of any third party rights related to or arising from your Data, information and activities contemplated under this Agreement.
18. Additional Representations and Warranties. If you will use the Website to promote or sell your products, services or information or otherwise conduct business, you further represent and warrant that (i) there are no actual or potential infringement, copyright or patent violations of any third party rights related to or arising from your Data, information, products, services, promotions and activities contemplated under this Agreement, (ii) you have the right to advertise, promote, sell, distribute and otherwise conduct business as contemplated under the Agreement, (iii) your advertisements, promotions (including, without limitation, any contests and lotteries), sales, distributions, information, business and activities contemplated under this Agreement do not and will not violate any federal, state, territorial, local or other applicable law, and (iv) all content, promotions, contests, advertisements, claims, representations (including, without limitation all representations related to warranties, guarantees, performance, capabilities, abilities, licenses, certifications, endorsements, data and information), warranties, covenants, guarantees and other information provided by you are accurate, complete, truthful and not otherwise misleading and that you shall be solely responsible, at your own cost and expense, to deliver and perform in accordance such claims, representations, warranties, covenants and guarantees.
19. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE WEBSITE, SOFTWARE, PRODUCTS AND SERIVCES BY NALA AND ITS AFFILIATES AND THE INFORMATION AND OTHER DATA CONTAINED THEREIN, ARE PROVIDED "AS IS" AND NALA DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATING TO THE WEBSITE, SOFTWARE, PRODUCTS, SERVICES, INFORMATION AND DATA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE SPECIFICATIONS, FEATURES, CAPABILITIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NALA EXPRESSLY DOES NOT REPRESENT THAT THE SOFTWARE, WEBSITE OR THE INFORMATION, DATA, PRODUCTS OR SERVICES RELATED THERETO ARE ERROR FREE, THAT THEY WILL OPERATE WITHOUT INTERRUPTION, OR THEIR QUALITY, RELIABILITY, TIMELINESS, OR SECURITY. IN NO EVENT WILL NALA, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY CONTRACTOR OR USER, OR BE RESPONSIBLE FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE OR PROFITS), CAUSED BY OR RELATED TO YOU OR ANY CONTRACTOR OR USER, ARISING FROM OR RELATED TO THIS AGREEMENT, OR ANY DEFICIENCY, DEFECT, ERROR OR MALFUNCTION OF THE SOFTWARE, WEBSITE, PRODUCTS, SERVICES, DATA AND INFORMATION DISTRIBUTED THROUGH THE WEBSITE OR RELATED THERETO OR ARISING THEREFROM, EVEN IF NALA KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. USE OF THE WEBSITE, SOFTWARE AND/OR NALA OR ITS AFFILIATES PRODUCTS, SERVICES, INFORMATION AND DATA IS AT YOUR OWN RISK. NALA, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF YOU OR ANY CONTRACTOR OR USER OR FOR THE CONTENT, PROMOTIONS, CONTESTS, ADVERTISEMENTS, CLAIMS, REPRESENTATIONS, WARRANTIES, COVENANTS, GUARANTEES, PERFORMANCE, CAPABILITIES, ABILITIES, AUTHORITY, QUALIFICATIONS, APPROVALS, LICENSES, CERTIFICATIONS, ENDORSEMENTS, DATA, INFORMATION, PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE QUALITY, ACCURACY, COMPLETENESS OR TRUTHFULNESS OF THE FOREGOING) OF ANY CONTRACTOR, USER AND/OR ANY OTHER PARTIES PARTICIPATING OR USING THE SOFTWARE, WEBSITE OR ANY OF NALA OR ITS AFFILIATES PRODUCTS, SERVICES, INFORMATION OR DATA, NOR FOR ANY INFRINGEMENT CAUSED BY THE DELIVERY OF THE SAME UNDER ANY CIRCUMSTANCES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NALA, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, UNDER LAW OR EQUITY, FOR ANY AMOUNT AGGREGATING IN EXCESS OF THE AMOUNTS PAID BY YOU AND RETAINED BY NALA HEREUNDER; PROVIDED, HOWEVER, SUCH AMOUNTS SHALL NOT INCLUDE ANY AMOUNTS PAID TO OR RETAINED BY ANY AFFILIATES, CONTRACTOR, USERS OR ANY THIRD PARTY REGARDLESS IF SUCH AMOUNTS WERE PAID THROUGH NALA OR THE WEBSITE. THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT SHALL NOT APPLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
20. Indemnification. You will indemnify, defend (with counsel acceptable to NALA) and hold harmless NALA, its affiliates and their respective officers, directors, employees, representatives, agents, parents, subsidiaries, successors and assigns (collectively, the “Indemnified Parties”) from and against any third party claim against any of the Indemnified Parties for loss, damages, liability or expense (including, but not limited to, attorney's fees and costs of suit) arising out of the breach of any of your representations, warranties or covenants hereunder and any of your negligent acts or omissions in connection with the activities under this Agreement. We will promptly notify you of any such action, proceeding or claim. You may participate in such action, proceeding or claim, but you shall not settle any such action, proceeding or claim without our prior written consent.
21. Links. The Website may contain links to websites maintained by our affiliates, Contractors, other users, and third parties. Such links are for your convenience and reference only. NALA does not control such websites nor the content thereon and any link to such sites does not represent or imply an endorsement of the site, the products, services or content thereon, or the promoters, sponsors or owners thereof.
22. Term. The term of this Agreement will commence on the date (the “Effective Date”) you acknowledge your agreement to these terms and conditions by (i) accessing this Website, any affiliated website or any pages thereof; registering with the Website or NALA; (ii) ordering, purchasing or accessing any products or services of NALA, any affiliate, or any other Contractor or user of the Website; or (iii) by clicking the “Submit”, “Continue” or similar buttons on any page of the Website, and will continue in effect until terminated by you or us.
23. Termination by NALA. We may terminate this Agreement upon any of the following (i) your breach of any of your representations, warranties, covenants, conditions precedent and/or obligations under this Agreement, (ii) your failure to comply with any and all Policies and Procedures then in effect, or (iii) in accordance with Section 2 In the event of termination in accordance with this section, there shall be no refund of any fees, consideration or payments paid to, or through, NALA and any points, discounts, promotions, awards and other consideration offered by or through NALA shall automatically be forfeited by you; provided, however, any such termination shall not terminate your obligation to pay for any products or services provided to you by NALA, its affiliates, or any Contractor or other user.
24. Survival. Notwithstanding the expiration or termination of this Agreement, the following provisions of this Agreement shall survive, Sections 2, 3, 4, 5, 10, 13 through 15, 17 through 20, 32 and 33 and any other Sections of this Agreement which by their terms are intended to survive.
25. Assignment. This Agreement may not be assigned by you without our prior written consent.
26. Amendment. This Agreement may only be amended by electronic or written agreement between you and us; provided, however, in the event of any extension of the original Term or any extension Term, this Agreement may be changed, modified, amended or supplemented by us by posting such modifications, amendments and supplements on the Website and your use of the Website thereafter shall indicate your agreement to such changes, modifications, amendments and supplements; provided, however, except for any changes to the Policies and Procedures (which will be effective immediately), any such changes, modifications, amendments and supplements shall only be effective with respect to such extension Term and shall not be retroactive.
27. Severability. If any term or provision of this Agreement, or the application thereof shall be found to be invalid, void or unenforceable, the remaining provisions of this Agreement and any application thereof shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
28. Force Majeure. We shall not be responsible for any delays or failure to perform as a direct result of causes beyond its control; including, without limitation, acts of God (e.g. fire, earthquake and storm), electrical outages, interruptions in internet service, computer viruses, computer hackers, labor disputes, wars, hostilities, terrorist acts, revolutions, riots, civil commotion, national emergency, unavailability of supplies or services, epidemics, pandemics, force of nature or any law, proclamation, regulation, ordinance or other act or order of any court, government or government agency.
29. Waiver. Our waiver or failure to exercise in any respect any right provided under this Agreement shall not be deemed a wavier of that right in any other circumstances or a waiver of any further rights.
30. Independent Contractors. The relationship of you and us is that of independent contractors. This Agreement does not create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between you and us, and nothing contained in this Agreement shall be construed to make you or us an agent, partner, representative or principal of the other for any purpose. Except as otherwise provided in the indemnity sections of this Agreement, you and us shall each be solely responsible for any claims, damages or lawsuits arising out of its acts or those of its employees, servants or agents. Neither you or us has the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever. You acknowledge and agree that our affiliates, Contractors and other users are also independent contractors and are bound by provisions similar to those contained in this paragraph.
31. Errors and Delays. We are not responsible for any errors or delays in any notices or responses to communications caused by incorrect, expired or otherwise inaccurate information (including, inaccurate email addresses) provided by you or other technical errors beyond our control.
Any judgment upon the award rendered by the arbitrator may be entered in a court of competent jurisdiction. In accordance with Section 19 hereof, the arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual damages and shall not award any punitive, indirect, special, incidental or consequential damages nor multiply actual damages. This agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of an arbitration under this agreement with the claims or disputes of any other Contractor, user or non-party, regardless of the nature of the dispute.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NALA BE RESOLVED BY BINDING ARBITRATION. YOU THEREFORE GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS. YOUR RIGHTS UNDER THIS AGREEMENT WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND YOU GIVE UP YOUR RIGHT TO HAVE YOUR RIGHTS UNDER THIS AGREEMENT DETERMINED BY A JUDGE OR A JURY. You are entitled to a fair hearing, but the arbitration procedures are more limited than the rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review (if any) by a court. By using this Website and/or the products, services, information or data of NALA and/or its affiliates, you agree to these arbitration provisions and these restrictions.
Should a Dispute arise and should the foregoing arbitration provisions be inapplicable or otherwise unenforceable, or in the event of any lawsuit between you and NALA or its affiliates, the jurisdiction over and the venue of any such Dispute or suit shall be exclusively in the state and federal courts in Pinellas County, Florida. If either party employs attorneys to enforce their rights in connection with a Dispute or lawsuit, the prevailing party shall be entitled to recover attorneys' fees and the costs of suit.
33. Consent for Electronic Disclosures and Communications.
a. Generally. Because NALA and its affiliates give you the benefit of its products, services, data and information through this Website, your consent to the receipt of electronic disclosures, notices, information and other communications and to execute, deliver and perform contracts and agreements (including, this Agreement) electronically (collectively, “Electronic Transactions”) is required. This Section 33 informs you of your rights when engaging in Electronic Transactions with NALA and its affiliates.
b. Electronic Transactions and Communications. Any Electronic Transactions will be provided to you electronically through NALA and/or its affiliates. However, if you would like to obtain a paper copy of your Electronic Transactions, you may write to National Assisted Living Association, 260 1st Ave S, Suite 200, Mail Stop 106, St. Petersburg, Florida 33701, Attention: Electronic Transaction Request. To the extent required by law, paper copies will be provided to you at no charge.
c. Consenting to Do Business Electronically. Prior to consenting to do business with us electronically, you must determine whether you have the required hardware and software capabilities. To access, retain and perform the Electronic Transactions, you will need to use the following computer software and hardware: Internet Explorer 11 or above, Edge on Windows 10 or above, Google Chrome 91 or above, Firefox 90.0 or above, or equivalent software; and hardware capable of running this software and printing and/or retaining the communications related to the Electronic Transactions.
e. Withdrawing Consent. Because certain Electronic Transactions with us or our affiliates will occur instantaneously, you will not be able to withdraw your consent to do business electronically with us. However, you may be able to withdraw your consent to engage in Electronic Transactions with Contractors, other users and third parties by contacting such party at the mailing address, email address or telephone number they provide. If you decide to withdraw your consent to Electronic Transactions, the legality, validity and enforceability of any and all prior Electronic Transactions will not be affected.
f. Change of Contact Information. You are solely responsible for keeping us informed of your change in your electronic contact information and mailing address. All such changes must be communicated to us through the “My Account” section of your account on the Web Site.
g. Your Ability to Access Electronic Transactions. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU CAN ACCESS, RECEIVE AND/OR ENGAGE IN ELECTRONIC TRANSACTIONS AS DESCRIBED ABOVE.
h. Consent. BY ACCESSING THIS WEBSITE OR ANY PAGES THEREOF, REGISTERING WITH NALA, ORDERING, PURCHASING OR ACCESSING ANY PRODUCTS OR SERVICES OF NALA, ITS AFFILIATES OR ANY CONTRACTOR OR OTHER USER OF THE WEBSITE, YOU CONSENT TO (1) THE ELECTRONIC RECEIPT OF ALL DISCLOSURES, NOTICES, INFORMATION AND OTHER COMMUNICATIONS FROM NALA, AND (2) THE EXECUTION, DELIVERY AND PERFORMANCE OF ALL CONTRACTS, AGREEMENTS (INCLUDING, THIS AGREEMENT) AND ALL OTHER ELECTRONIC TRANSACTIONS AND CONDUCTING BUSINESS WITH NALA ELECTRONICALLY. IT IS THE INTENT OF YOU AND US TO TAKE ADVANTAGE OF THE VALIDITY AND BINDING NATURE OF ELECTRONIC SIGNATURES AND COMMUNICATIONS UNDER APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, THE E-SIGN ACT).
i. Notices. Except as otherwise expressly provided herein, all notices or requests by NALA or its affiliates may be sent by email to the email address provided by you. All other notices or requests by the parties to this Agreement shall be in writing and hand delivered or delivered by a major commercial overnight courier service with tracking capabilities to you at the address provided on the Website and to us at the address provided below. Notice shall only be effective upon receipt by the party being served. Confirmation of receipt of any email sent must be received in order to presume the transmission was received. Notice by email shall be deemed received at the time sent unless such time is not during a business day, in which case the email shall be deemed received on the next business day.
National Assisted Living Association
260 1st Ave S, Suite 200, Mail Stop 106
St. Petersburg, Florida 33701
34. Attorneys’ Fees. If either party is compelled to seek judicial enforcement of its rights under this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable costs incurred in such action, including reasonable attorney's fees and costs of suit.
35. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Florida, without regard to conflict of laws principals, and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby submit to personal jurisdiction of, and, subject to the provisions of Section 32 hereof, agree that any legal proceeding with respect to or arising under this Agreement shall be brought in the state or federal courts in Pinellas County, Florida. You further irrevocably consent to the service of process against you in any such action or proceeding by the delivery of a copy of such process to you at the address provided by you to us on the Website.
36. Language. This Agreement is in the English language only, which shall be controlling in all respects, and all versions hereof in any other language shall be for accommodation only and shall not bind the parties hereto. All communications pursuant to this Agreement shall be in English.
37. Headings. Headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.
38. Integration. This Agreement (including all exhibits, schedules, addenda and documents attached hereto or expressly incorporated herein by reference [including, without limitation, the Policies and Procedures]) is the entire agreement between the parties and supersedes all previous agreements, communications and course of dealings between the parties regarding the subject matter hereof. By either (i) accessing this Website, any affiliated website or any pages thereof; (ii) registering with the Website or NALA; (iii) ordering, purchasing or accessing any products or services of NALA, any affiliate, or any other Contractor or user of the Website; or (iv) by clicking the “Submit”, “Continue” or similar button on any page of the Website, you agree to be bound by the terms of this Agreement.
PLEASE PRINT A COPY OF THIS AGREEMENT AND RETAIN IT FOR YOUR RECORDS
The mission of NALA is to provide the best industry training, tools, and resources to regional owners and operators of Assisted Living Communities.
PH: (877) 669 - NALA (6252)
11290 Walsingham Road
Largo, FL 33778