LEGAL

TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

Welcome to www.valinfo.com (the “Website”), a website provided on behalf of Valuation & Information Group (“VIG”).

The Terms and Conditions of Use include any posted guidelines or rules applicable to particular Content or Services (as defined below) and, as updated by VIG from time to time, are collectively referred to as the “Terms and Conditions” and govern the use of the Website. You should carefully read the Terms and Conditions before using the Website. You can review the most current version of the Terms and Conditions at any time at http://www.valinfo.com. By using the Website, you: (i) agree to be bound by the Terms and Conditions; (ii) represent and warrant that you are at least eighteen (18) years old; and (iii) represent and warrant that you have the legal authority to accept the Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you are not authorized to use the Website.

2. ACCESS TO THE WEBSITE

Access to certain portions of this Website requires login and password information provided only to users who have registered and paid a subscription fee (the “Subscribers”). The subscription login and password are provided for the use of the individual Subscriber only and are not transferable. If you have obtained a login and password by any other means, you are not authorized to use that login account and we request that you notify VIG of the improperly disclosed login account information. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at VIG’s sole discretion, in cancellation of the Subscriber’s subscription and other remedies, and VIG shall have no liability to the Subscriber.

3. CONTENT AND SERVICES

The Website may provide certain content (including, without limitation, documents, photographs, advertisements, marketing materials, text, graphics and images) and services that VIG may change or update from time to time (the “Content” and “Services”).

4. USE OF THE WEBSITE AND REGISTRATION REQUIREMENTS

Use of the Website is voluntary. You may choose not to use the Website and you may choose not to register as a Subscriber. The information VIG obtains from users and Subscribers will be used only in accordance with VIG’s Privacy Policy. You may cancel your subscription at any time by contacting VIG at the addresses provided in Section 5.

If you choose to register as a Subscriber, you agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify VIG by one of the methods in Section 5 in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Website. VIG is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

5. CONTACT INFORMATION

You may contact VIG as follows:

E-mail: kwalton@valinfo.com
Telephone: 310.342.0123
Mail: 6167 Bristol Parkway
Suite 430
Culver City, CA 90230

6. COMPLIANCE WITH LAWS

You may not use the Website for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.

7. DISCLAIMER OF WARRANTIES

THE USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE WEBSITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VIG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY SUBSCRIBER OR OTHER USER WHO USES THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. VIG MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE TO USE THE WEBSITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.

8. EXCLUSIONS AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF VIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE WEBSITE.

9. DISCLAIMER OF CONTENT

You agree that all Content provided by third party users in connection with this Website is the responsibility of the person or entity providing such Content. THE CONTENT FOUND ON THE WEBSITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.

10. INTELLECTUAL PROPERTY

§ Copyright

The Content on the Website is owned by VIG and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of VIG, except that, subject to your compliance with the Terms and Conditions, VIG authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of VIG, or third parties.

§ Trademarks

www.valinfo.com, www.vigdigest.com, VALUATION & INFORMATION GROUP, VIG, and INFORMATION DIGEST FOR THE NURSING HOME INDUSTRY are trademarks owned by VIG. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of VIG or the owner of such mark.

11. LINKS

The Website may include links to other World Wide Web websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by VIG with respect to the provider of such linked website or the linked website. VIG MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK.

12. INDEMNITY

You agree to defend, indemnify, and hold VIG, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or from your use or misuse of this Website.

13. JURISDICTION AND VENUE

Users and VIG agree that this Agreement and the relationship between the users and VIG will be governed by the laws of the State of California, without respect to its conflict of laws provisions and that venue with respect to any dispute between the users and VIG will rest exclusively in the state or federal courts located in Los Angeles County, California.

14. CHANGES

VIG may change the Terms and Conditions from time-to-time. If such a change is made, VIG will post the revised Terms and Conditions on the Website. VIG reserves the right to add to or change the Website or cease offering the Website (or any Content or Services on the Website) at any time and without liability. VIG reserves the right to refuse to offer access to the Website to anyone at anytime without notice.

15. MISCELLANEOUS

The Terms and Conditions constitute the entire agreement between you and VIG relating to the Website. There is no agency, partnership, joint venture, employee-employer or physician-patient relationship between any user and VIG arising solely through the use of the Website. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of VIG to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Website or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.

YOUR USE OF THE WEBSITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.