Effective Date: September 18, 2026
These Terms of Use (“Terms”) govern your access to the websites operated by Benchmark Senior Living LLC (“Benchmark”) (collectively, the “Site”).
BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.
Content. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Benchmark or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, Benchmark reserves all other rights in and to the Site and Content, including all intellectual property rights.
Use Rights. You may only use the Site or Content for your personal, non-exclusive use, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by Benchmark.
Use of Marks. Benchmark owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Benchmark. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Benchmark or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Account. The Site may allow you to create an account to access certain features or services. You agree to provide accurate, current, and complete information when creating or maintaining an account and to promptly update such information as necessary. You are responsible for maintaining the confidentiality of your username, password, and other account credentials and for restricting access to your account and devices. You agree to promptly notify Benchmark if you become aware of any unauthorized access to or use of your account. Benchmark reserves the right to suspend, restrict, or terminate access to an account if unauthorized or fraudulent activity is suspected, information associated with the account is inaccurate or incomplete, or these Terms are violated.
Bill Payment. The Site may allow you to access an online payment portal or use a third-party payment processor to pay bills or manage billing-related information. You agree to provide accurate, current, and complete billing and payment information and represent that you are authorized to use any payment method submitted through the Site or applicable payment portal. Payment processing services may be provided by third parties. Your use of a third-party payment portal, processor, authentication service, or related service is subject to that third party’s applicable terms and privacy notice. Benchmark is not responsible for the operation, security, availability, or privacy practices of any third-party service. Benchmark may reject, suspend, or cancel a payment where the payment information is inaccurate, the transaction cannot be processed, or unauthorized or fraudulent activity is suspected.
Community Tours. Our Site may allow you to request or schedule a tour of one of our senior living communities. By submitting a tour request, you represent that the information you provide is accurate and complete and authorize us to contact you regarding your request. Tour requests are subject to availability and are not confirmed until you receive confirmation from us. We may reschedule or cancel a tour at any time, including due to staffing, operational, health, safety, or other considerations. You are responsible for notifying us if you need to cancel or reschedule your tour. Scheduling or completing a tour does not guarantee admission, residency, availability of accommodations or services, pricing, or eligibility for any particular level of care. Any information provided through the Site or during a tour is for general informational purposes and does not constitute medical, legal, financial, or other professional advice.
Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
Children’s Information. The Site is not directed at children under the age of sixteen (16). If you are under 16, you must immediately stop using the Site.
Restrictions on Your Use of the Site.
(a) You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Benchmark’s prior written consent.
(b) You will not use the Site for unlawful purposes.
(c) You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
(d) You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
(e) You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
(f) You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
(g) You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
(h) You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
(i) You may not engage in any conduct while using the Site that Benchmark considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
Feedback and Other Content Submitted By You. If you submit comments, feedback, questions, requests, or other information to us through the Site, including through a contact form, you are responsible for ensuring that your submission is accurate and that you have the right to provide it. We may use any comments, feedback, or other non-personal information you submit in our discretion, without attribution or compensation to you, including to operate our business and improve the Site and our products and services.
Informational Purposes; No Medical Advice or Offer. The Site and its Content are provided solely for general informational, educational, and promotional purposes. Nothing on the Site constitutes medical, nursing, legal, financial, or other professional advice, or a substitute for consultation with a qualified professional. You should consult your physician or other healthcare provider regarding your health, care needs, and the appropriate type or level of senior living or care services. Nothing on the Site constitutes or should be construed as an offer, guarantee, or binding commitment regarding admission, residency, availability, pricing, accommodations, services, amenities, staffing, eligibility, or any particular level of care. Any residency or care arrangement is subject to availability, assessment, approval, and execution of applicable written agreements.
NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENCHMARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
BENCHMARK MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY IS GUARANTEED. BENCHMARK DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. BENCHMARK DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BENCHMARK OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “BENCHMARK PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A BENCHMARK PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BENCHMARK PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE BENCHMARK PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by Benchmark. Those links are provided as a convenience to the visitors of our Site. Benchmark is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. Benchmark does not warrant or endorse any third-party website or any products or services made available through those websites. When you leave the Site, the terms and privacy notice of that third party govern your use of the third-party site (and such third party’s use of your personal information), not these Terms.
The Site may also contain certain third-party content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party content does not mean that Benchmark has reviewed the third-party content or that there is any association between Benchmark and any third party. You access third-party content at your sole risk. Benchmark has no responsibility for any third-party content. Nothing in these Terms grants you any rights to any third-party content.
Linking to the Site. You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of Benchmark. If Benchmark grants you a right to link to the Site, certain terms may apply, and Benchmark reserves the right to revoke such consent at any time. You are responsible for any costs incurred by Benchmark in enforcing its rights under this Section.
Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content. Benchmark may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. Benchmark shall not be liable to you or anyone else for any damages arising from or related to Benchmark’s suspension or termination of access to the Site or the Content, or in the event Benchmark modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
Site Unavailability. Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
Cooperation with Law Enforcement. Benchmark will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD BENCHMARK AND THE BENCHMARK PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Governing Law and Dispute Resolution. These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts or choice of law principles. Any court proceeding will take place in Massachusetts, and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Massachusetts. You irrevocably submit and consent to the personal jurisdiction of such courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Benchmark’s successors and assigns.
Entire Agreement. These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and Benchmark with respect to your access to and use of the Site.
Waiver. Benchmark’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Benchmark.
Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Benchmark may be provided to you electronically to the extent permissible by law.
Contact Us. Please direct any questions and concerns regarding these Terms to compliance@benchmarkquality.com . Kindly state the nature of your inquiry in the subject line of the email.