PURPLE DOOR FINDERS
Last updates and effective 03/22/2023
To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.
Purple Door Finders’ Services
Your User Account and Security
Certain portions of the Sites and Services can be viewed without an Account. However, for Residents and Member Communities seeking to benefit from all the Services we offer, you must create an account (“Account”) and provide certain basic information about yourself.
We are dedicated to offering Residents the easiest means to find the best living options for you, or your loved ones, based on a number of needs and preferences. Based on those needs and preferences, we provide you with information about local and national member communities (“Member Communities”) and, if you request, we forward the family’s information to those Member Communities. The Site and Services are offered at no charge to Residents because Member Communities pay us a fee.
We maintain basic profile pages for local and national senior living communities. Each of these communities is welcome to create an Account (becoming a Member Community) in order to take advantage of additional Services. Member Communities can be free (offering limited Account customization options) or paid (offering the full range of Account customization options available through our Services). Member Communities are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all Residents, including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its residents. Each Member Community is responsible for the conditions at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a community.
Each Member Community is responsible for the content of the information posted on its profiles page or on the Sites and/or Services. The information does not represent our views, or any individual associated with us, and we do not control this content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Member Communities on the Sites, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for any Member Community on the Site. By using the Sites and/or Services, you assume all associated risks.
Member Communities are also responsible for providing and maintaining up-to-date payment information on their Accounts. Failure to maintain updated payment information or make timely payments will result in your Account being downgraded to a free version and your lose of some Service features associated with paid accounts.
No Endorsement/Affiliation; Not a Broker; No Professional Advice
We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Member Community. We provide only an information service and do not: (1) help place you or your family members in any specific Member Community; (2) perform any assessment, medical or otherwise, of or for you or your family members or any Member Community; or (3) in any way participate in you or your family members’ or Member Community’s decision regarding final selection or admittance to a Member Community. Further, we are not a representative of or agent for either you or your family members or the Member Community and do not act on either’s behalf. It is the responsibility solely of the Member Community and you or your family members (as a potential resident or representative) and/or you or your family members’ care provider(s) and/or other involved parties acting on you or your family members’ behalf to determine if you or your family members is an appropriate admission to the Member Community that you or your family members select. Purple Door Finders does not broker, sell, or lease space directly and is not a party to any transaction between the Member Community and you or your family members.
All information, materials, content and/or advice on the Sites or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice, so please consult with the appropriate professional before making any decisions for yourself or your family member(s). Purple Door Finders expressly disclaims, and you expressly release Purple Door Finders from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Sites and/or Services.
Privacy and Consent to Communications
If you are (or represent) a Member Community, you authorize us to provide the information and content that you provided us for the purpose of providing Services to Residents. Such authorization shall continue in effect until you have withdrawn your consent by terminating your Account and having your Member Community removed from our Sites and/or Services; provided that we may continue to refer to and/or disclose your information as necessary for our normal Member Community related business practices (such as Member Community billing matters) until such matters are closed.
Consent to Recorded Calls and Automatic Dialing Systems
You agree that telephone communications between You and Purple Door Finders may be recorded or monitored for quality control purposes. You expressly consent to Purple Door Finders recording and monitoring these telephone communications.
You also agree to be contacted by Purple Door Finders or our Member Community at the telephone number you have provided. You agree that we and our senior living customers may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number you have provided, even if you previously registered on a Do Not Call registry; however, you do not need to consent to this to use our Services.
Your Use of the Sites/Services; Limited License
No Unauthorized Use
The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites and/or Services, and you agree not to do any of the following: (i) using the Sites for commercial purposes; (ii) conducting or promoting any illegal activities while using the Sites or Services; (iii) uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Sites, Purple Door Finders’ computer and/or telecommunication systems or data; (iv) interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Sites; (v) modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other website or service any of our Sites, Services, or Purple Door Content; (vi) engaging in the practices of “screen scraping,” “database scraping,” “data mining,” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Sites or use web “bots” or similar data gathering or extraction methods for such purposes; (vii) attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites. Attempting to gain access to secured portions of the Sites; (viii) circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for Purple Door Finders to protect its computer and/or telecommunications systems; (ix) using the Sites and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (x) using the Sites and/or Services to stalk, harass, or harm another individual. Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; (xi) uploading, distributing or printing anything that may be harmful to minors; (xii) mirroring or framing the Sites, placing pop-up windows over its pages, or otherwise affecting the display of its pages; or (xiii) engaging in any other action in any way that is unlawful or harms Purple Door Finders.
Intellectual Property Ownership
The Purple Door Content, the Purple Door Finders name and any trademarks, service marks, trade names, the names of any Purple Door Finders products and services and the related slogans or logos referenced on the Sites and/or Services, and any associated Purple Door Finders copyrights (“Purple IP”) and names of third-party companies, products or services, trademarks, service marks, trade names, slogans, or logos referenced on the Sites and/or Services, and any associated third-party copyrights (“Third Party IP”) are proprietary to and owned by either Purple Door Finders, our licensors (such as the Member Communities), or the respective third-party and are trademarks or copyrights (registered or otherwise) of Purple Door Finders, our Licensors, or the respective third-party. Any rights not expressly granted herein are reserved.
If you are a Member Community, you grant Purple Door Finders a non-exclusive limited license to use your trademarks, service marks, trade names, and other content provided by you in order to provide the Sites and/or Services for as long as you maintain an account with Purple Door Finders.
Links to External Websites
The Sites may provide links to external websites (“External Sites”). We provide these links to External Sites for your convenience only. We do not control such External Sites; therefore, Purple Door Finders is not responsible for the content of any External Sites, or any link contained in a External Sites. Our inclusion of links to such External Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites (including Member Communities). We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of External Sites.
Third Party Products and Services
We may run advertisements and promotions from third parties (including Member Communities) on the Sites or may otherwise provide information about or links or referrals to third-party (including Member Communities) products or services on the Sites (“Third Party Products and Services”).
We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.
Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party.
You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third Party Products and Services that you find on or through the Sites.
Public Areas of the Sites/Services and User Posts
If you use a “public area,” such as a message board or other community area that allows user posts (including the creation of a Member Community profile page), these additional terms and conditions apply to you.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding Purple Door Finders, the Sites, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral User Posts to Purple Door Finders, or postings on the Sites (“User Posts”), are non-confidential. You grant us a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, disseminate, distribute, display, reproduce, post, and publish your User Post and any name, username, or likeness provided in connection with your User Post in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share your User Post on or through our Sites or Services, you understand that your User Post and any associated information may be visible to others.
If you are an author of a User Post, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance, or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.
THE SITES AND/OR SERVICES, INCLUDING PURPLE DOOR IP AND THIRD PARTY IP, AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS AND/OR RECOMMENDATIONS, SERVICES, AND/OR PRODUCTS PROVIDED ON OR THROUGH THE SITES AND/OR SERVICES (“SITE MATERIALS”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF SITE MATERIALS IS AT YOUR SOLE RISK. PURPLE DOOR FINDERS AND ITS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES (“ASSOCIATED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO SITE MATERIALS. IN ADDITION, PURPLE DOOR FINDERS AND THE ASSOCIATED PARTIES ARE NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY MEMBER COMMUNITY OR OTHER HEALTH CARE AND/OR CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM PURPLE DOOR FINDERS OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. PURPLE DOOR FINDERS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, PURPLE DOOR FINDERS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL PURPLE DOOR FINDERS BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF PURPLE DOOR FINDERS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PURPLE DOOR FINDERS OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PURPLE DOOR FINDERS OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO PURPLE DOOR FINDERS FOR ACCESS TO OR USE OF THE SITE AND/OR SERVICES.
We may terminate or suspend your Account and/or access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.
Changes to the Sites and/or Services
We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, your access to and use of) at any time without notice.
Governing Law and Forum Selection
Any dispute arising from the Site and your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of Oregon, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Clatsop County, Oregon and you hereby consent to such jurisdiction.
Disputes Between Users
If there is a dispute between you and another user or a Member Community on the Sites and/or Services, or between users and any third party, you agree that Purple Door Finders is under no obligation to become involved. In the event that you have such a dispute you release Purple Door Finders and the Associated Parties from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Sites and/or Services.
CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION, CLASS WAIVER, AND JURY TRIAL WAIVER
Please read the following important section carefully.
Both Purple Door Finders and you waive the right to a jury trial and to have any dispute arising out of or related to the Sites or Services resolved in court. Instead, disputes relating in any way to the Sites or Services must be submitted to binding arbitration administered by JAMS. The Federal Arbitration Act and federal arbitration law apply to this agreement. The most recent version of the JAMS Rules are available at www.jamsadr.com/rules-download and are hereby incorporated by reference.
You and we agree that any dispute arising out of or related to the Sites or our Services is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
You and Purple Door Finders agree that for any arbitration you initiate, you will pay the filing fee and any remaining JAMS fees and costs. For any arbitration initiated by us, we will split the JAMS fees and costs with you 50/50.
Copyright Infringement & DMCA Notices
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
- Your address, email address, and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send your notice by using the contact information below:
Purple Door, LLC
5 N Highway 101, #344
Warrenton, OR 97146
Phone: (612) PURPLE3 or (612) 787-7533