Terms of Service
OVERVIEW
This website is operated by Pinnacle of Hattiesburg. Throughout the site, the terms “we”, “us” and “our” refer to Pinnacle of Hattiesburg. Pinnacle of Hattiesburg offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or using our website to learn about our assisted living and memory care services, schedule visits, communicate with our staff, or access resources (collectively, the “Service”), you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, prospective residents, residents, family members, caregivers, vendors, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or services which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – WEBSITE USE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have consent to allow any minor dependents to use this site under your supervision.
You may not use this website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service or website access to anyone for any reason at any time.
You understand that your content (not including sensitive financial information) may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact information on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ARBITRATION
Agreement to Arbitrate
By using our website and services, you agree that any disputes, claims, or controversies arising out of or relating to these Terms of Service, your use of our website, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through final and binding arbitration. This includes, but is not limited to, disputes arising from the services or information provided by Pinnacle of Hattiesburg, and claims related to accessibility or compliance with the Americans with Disabilities Act (ADA). You and Pinnacle of Hattiesburg expressly waive the right to file a lawsuit in court or to have a trial by jury.
Arbitration Process
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Mediation Procedures. The arbitration will take place in Hattiesburg, Mississippi, or another mutually agreed location. Each party will be responsible for its own arbitration fees and costs, except as otherwise required by applicable law.
Arbitrator’s Authority
The arbitrator shall have the authority to award any relief that a court could award, including compensatory damages, injunctive relief, or declaratory relief. The arbitrator’s decision shall be final and binding.
Class Action Waiver
You agree that any arbitration or proceeding will be conducted only on an individual basis and not in a class, collective, or representative action. Claims of more than one individual cannot be arbitrated or litigated jointly or consolidated with those of any other individual.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general informational purposes only and should not be relied upon as medical, legal, or financial advice.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the website or any services offered through the website without notice at any time.
We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
SECTION 6 – SERVICES AND INFORMATION
Information on this website describes assisted living and memory care services provided by Pinnacle of Hattiesburg. Availability of services, accommodations, and care levels may vary and are subject to assessment, availability, and regulatory requirements.
Nothing on this website constitutes a guarantee of residency, admission, or availability of specific services.
We reserve the right, but are not obligated, to limit the availability of our services to any person, geographic region or jurisdiction where permitted by law.
Descriptions of services, amenities, or programs are subject to change at any time without notice.
SECTION 7 – ACCURACY OF CONTACT AND INQUIRY INFORMATION
When submitting forms, inquiries, or appointment requests through our website, you agree to provide current, complete and accurate information.
You agree to promptly update your contact information if it changes so we can respond to your requests or communicate with you as needed.
Providing inaccurate or misleading information may result in denial of service or communication.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools or services over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or conditions of any kind.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
SECTION 9 – THIRD-PARTY LINKS
Certain content, resources, or services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we assume no responsibility for third-party materials or websites.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit feedback, suggestions, comments, or other materials to us (collectively, “comments”), you agree that we may use them without restriction, including editing, publishing, or distributing them.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, defamatory, obscene, or otherwise objectionable.
You are solely responsible for any comments you submit and their accuracy.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions related to service descriptions, amenities, availability, or other information.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
SECTION 13 – PROHIBITED USES
You are prohibited from using the site or its content:
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for any unlawful purpose
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to violate any laws or regulations
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to infringe upon intellectual property rights
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to harass, abuse, or discriminate against others
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to submit false or misleading information
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to upload malicious code or viruses
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to collect personal information of others without authorization
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to interfere with website security features
We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our website will be uninterrupted, timely, secure or error-free.
Information provided through the website is offered for general informational purposes only and does not constitute medical advice or professional care services.
To the fullest extent permitted by law, Pinnacle of Hattiesburg and its directors, officers, employees, affiliates, agents, contractors, and service providers shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the website.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pinnacle of Hattiesburg and its affiliates, officers, directors, employees, agents, and service providers from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms of Service or violation of any law or rights of a third party.
SECTION 16 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the remaining provisions shall remain valid and enforceable.
SECTION 17 – TERMINATION
These Terms of Service remain effective unless and until terminated by either you or us.
We may terminate or suspend access to the website if you fail to comply with any provision of these Terms.
SECTION 18 – ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and Pinnacle of Hattiesburg governing your use of the website.
SECTION 19 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Massachusetts.
SECTION 20 – JURISDICTION
You agree that any legal actions or proceedings arising out of or related to this Agreement will be brought exclusively in the state or federal courts located within Norwood (Norfolk County), Massachusetts.
You consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.
SECTION 21 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms of Service by posting updates to our website.
Your continued use of the website following any changes constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
The Pinnacle of Hattiesburg
217 Methodist Boulevard
Hattiesburg, MS 39402
