Brookhaven at Lexington Website’s Terms of Use and Conditions

Effective Date:  January 1, 2025

Welcome to the Brookhaven at Lexington (“our”, “we”, “us”, the “Company”) website.  These Terms of Use and Conditions (“Terms”) govern the use of our website (“Site”) by users and visitors (“you”).  Please read the terms in full before using our Site.  By accepting these Terms, or by using this Site, you agree to be legally bound by these Terms and our Privacy Policy (the “Privacy Policy”).  If you do not agree to these terms, please do not use our Site.  We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the use of the changes made.  We do occasionally update these terms so please refer to them in the future. All changes are effective immediately upon posting to the Site and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

Access to Site

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

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

You will be able to access our Site without having to register any details with us. However, if you are a resident, staff or trustee at our facility, and wish to access the “Residents” section of our Site, you will have to register with us and provide some basic information to obtain a username and password. If you choose, or are provided with, a username, 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 your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 username, 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.

Other residents, staff or trustees who access the “Residents” section of the Site will have the ability to view your contact information in our Directory, as well as any information you provide to us in your resident biography.  By accessing and using the “Residents” section of our Site, you acknowledge and accept that there is no expectation of privacy and that others will be able to view the information that you provide.

Use of Site

Our Site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of the Company, or its parent, and are protected by U.S. and international copyright laws.

The contents of our Site may be used for informational purposes only.  Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners.  To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that the Company or its businesses has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain.  Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you.  You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity.  We hold all rights to the content on this Site.

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site are being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services.  You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.

While every effort is made to ensure the timeliness and accuracy of the Site content and services, we  make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness or reliability.  We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site.  We make no representation or warranty that the Site or content is free from defects or viruses.  Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and sites.

While every effort is made to ensure that all content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer.  We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site.  While every effort is made to ensure smooth and continuous operation, we do not warrant the Site will operate error free.

Site Uptime

We take all reasonable steps to ensure that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct and Prohibited Uses

Any material you send or post to our Site shall be considered non-proprietary and non-confidential.  In general, we do not collect or store any personally identifiable information about you while using our Site, so please do not send any such information to us.  However, if you are a resident, staff or trustee at our facility, and choose to access the “Residents” section of our Site, we will need to collect some basic information from you so that you can obtain a username and password. We do not encrypt our data, so please DO NOT provide us with any sensitive health, financial, or personal information. Any information you provide to us is entirely at your own risk and may be seen by others. See also our Privacy Policy, which can be found here Privacy Policy – Brookhaven at Lexington.

You may use the Site only for lawful purposes and in accordance with these Terms. When using our Site, you shall not post or send to or from either the Site:

(a)        content for which you have not obtained all necessary consents;

(b)       content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site are being used;

(c)        content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

(d)       content that in any way violates any applicable federal, state, local, or international law or regulation.

(e)        content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

(f)        any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

(g)       content to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

(h)       content 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 the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

(a)        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 real time activities through the Site.

(b)       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.

(c)        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.

(d)       use any device, software, or routine that interferes with the proper working of the Site.

(e)        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.

(f)        attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

(g)       otherwise attempt to interfere with the proper working of the Site.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of  this section.

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle.  You should access our Site only with due regard for your own safety and the safety of others.

Links to and from Third Party Websites

Any links furnished on our Site may allow you to leave our Site.  These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked sites or any link(s) contained in any such linked site(s) or any changes or updates to any of these sites.  We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising.  If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the site(s).

If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

(a)        you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b)       you do not misrepresent your relationship with us or present any false information about us;

(c)        you do not link from a website that is not owned by you; and

(d)       your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our website in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Termination

We may terminate your use of the Site at any time and for any reason without notice, including, for example, for conduct violating these Terms. The provisions of these Terms concerning prohibited uses, copyrights, trademarks, disclaimers, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Site is terminated pursuant to these Terms, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold the Company harmless from any and all liability that the Company may incur with respect thereto.

Except as otherwise provided in the Privacy Policy or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you or any third party on your behalf any, any information you provide to us or any other information that we may have that relates to you.

Disclaimers

All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an entertainment resource only.  The documents and any related graphics published on this server could include technical inaccuracies or typographical errors.  Changes are periodically added to the information contained on our Site.  We may make improvements and/or changes to any of the products depicted or described herein at any time.  Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, DIRECT, INDIRECT, OR OTHER DAMAGES IN CONTRACTS OR CERTAIN SITUATIONS; ANY SPECIFIC LIMITATION THAT IS PROHIBITED BY LAW WILL NOT APPLY, BUT ALL OTHER TERMS, CONDITIONS AND LIMITATIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, 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 use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law

We make no representations that the content or the Site are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is created and controlled in the Commonwealth of Massachusetts, United States of America.  The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the Commonwealth of Massachusetts and applicable United States federal laws.  Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

General

These Terms , together with the Privacy Policy, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site and shall supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any 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. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Our Contact Information

This Site is operated by:

Brookhaven at Lexington
Corporate Compliance Officer
1010 Waltham Street
Lexington, MA 02421
Marketing@brookhavenatlexington.org
(781) 863-9660

If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to Marketing@brookhavenatlexington.org:

  • Your address, telephone number, and email address.

 

  • A description of the copyrighted work that you claim has been infringed.

 

  • A description of where the alleged infringing material is located on the Site.

 

  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

 

  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

  • For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with the requirements of the section, your notice may not be valid.

 

  • We may, at our discretion, suspend or terminate the access of and take other action against users who infringe upon the intellectual property rights of others.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: Marketing@brookhavenatlexington.org.