Last Revised: January 13, 2009
PLEASE READ AND FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS OF USE CAREFULLY AND COMPLETELY BEFORE USING THIS WEBSITE.
This website is provided by Five Star Quality Care, Inc. (“FVE”), subject to the following terms and conditions (“Terms and Conditions”). By using this website, you agree to these Terms and Conditions. FVE may modify these Terms and Conditions from time to time. Any modifications will be posted here, so you should periodically return to this page to view the most current version of these Terms and Conditions. Your use of FVE’s web site after any modification will mean that you agree to these Terms and Conditions as modified.
Copyright and Submissions
The materials posted on these pages by FVE may be retrieved solely for your own internal personal use. This permission terminates immediately if you breach these Terms and Conditions. You may not "mirror" any material contained on this website without FVE’s express written permission. Any unauthorized use of the materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of FVE or its licensors and are protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Five Star Quality Care, Inc.
400 Centre Street
Newton, MA 02458
United States of America
Telephone: (617) 796-8387
Fax: (617) 796-8385
All rights reserved.
You shall not otherwise copy, modify, display or distribute the contents of these pages without the prior express written permission of FVE.
FVE may provide opportunities for you to post information or other materials on our web site, including customer comments. Except as otherwise set forth under the “Governance Hotline” section of this website, you acknowledge and agree that FVE shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this website (“Submissions”). You hereby waive any and all claims against FVE for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with FVE’s use and publication of such Submissions. This means that anything submitted by you to this website will be owned by FVE and, subject to the exceptions set forth above, may be used by FVE for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event FVE’s ownership of such Submissions is successfully contested, you automatically grant FVE a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. FVE does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted, or otherwise distributed through this website by any user of this website or any other third party. Subject to the exceptions set forth above, FVE expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the website any materials that: (1) are threatening, libelous, defamatory, or obscene; (2) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (3) infringe the intellectual property, privacy, or other rights of any third parties; (4) contain a computer virus or other destructive element; (5) contain advertising; or (vi) constitute or contain false or misleading statements. FVE in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this website, in whole or in part, for any reason.
Children under Age 13
This web site is not directed at children less than 13 years of age. Any use of the FVE web site by anyone under age 13 is unauthorized and in violation of these Terms and Conditions. FVE does not knowingly collect or solicit information for anyone under the age of 13. If you are under 13, please do not send FVE any information about yourself.
Use of Information and Resources Disclaimer
Certain marks that appear on this website, including names and logos identifying FVE and its affiliates and subsidiaries and each of their products and services are trademarks or service marks owned by FVE and/or its affiliates and shall not be used by you without prior written permission of FVE. Other marks that appear on this website may be claimed as trademarks or service marks by their respective owners, who may or may not be affiliated with FVE.
Links to Other Internet Websites
Information that FVE publishes on the Internet may contain links to other websites. FVE is not responsible for information found on any linked website, including information that may be about FVE, and FVE makes no representations about any other website that you may access through this website. The links are provided only as citations and aids to help you locate and identify other Internet resources which may be of interest. These links are not intended to state or imply that FVE has sponsored, approved or adopted any materials on the linked sites or that it is legally authorized to use any trade name, trademarks, logo, seal or copyrighted information reflected in the linked website. FVE is not liable in any way to the reader or to any other person, entity, firm or corporation for the accuracy or completeness of any information or data in the linked websites or for any delays, errors or omission of any such information or data, or for actions taken in reliance thereto or for any damages arising there from. Furthermore, FVE does not endorse the products or services offered by any company or person linked to this website nor is it responsible for any software or the content of any information published on this website or any other party. You should take precautions when downloading files from websites to protect your computer software and data from viruses and other destructive programs.
Information Provided By Third Parties
The data provided by Financials.com is for informational purposes only, and is not intended for trading purposes. Neither FVE, Financials.com, nor their data or content providers guarantee the sequence, accuracy, or completeness of any stock price information or other data displayed, nor shall any such party be liable in any way to the reader or to any other person, entity, firm or corporation whatsoever for any delays, inaccuracies, errors in, or omission of any such information or data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising therefrom or occasioned thereby or by reason of non performance or interruption or termination of the stock price information for any cause whatsoever.
Forward Looking Statements
This website, including press releases, SEC filings and other documents posted, contains statements which constitute forward looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 and other federal securities laws. Also, whenever we use words such as “believe”, “expect”, “anticipate”, “intend”, “plan”, “estimate” or similar expressions, we are making forward looking statements. These forward looking statements are based upon our present intent, beliefs or expectations, but forward looking statements are not guaranteed to occur and may not occur. Actual results may differ materially from those contained in or implied by our forward looking statements as a result of various factors including those risk factors detailed from time to time in our filings with the Securities and Exchange Commission, which are accessible in the “Investor Relations” section of FVE’s website. You should not place undue reliance upon forward looking statements. Except as required by law, we undertake no obligation to update or revise any forward looking statements as a result of new information, future events or otherwise.
Investor Relations; No Endorsement, Advice or Professional Consultation
Material contained in this website, including without limitation the “Investor Relations” section, is for information purposes only and is not intended to constitute an offering of securities in any jurisdiction. This information is provided to you with the understanding that FVE’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. There may be delays, omissions or inaccuracies in information obtained through your use of this website. Since the Internet cannot be considered secure and because the information on this website may appear different from original printed material, this information should not be used for the purpose of making business, investment or other decisions or used as a substitute for consultation with professional advisors. If you are contemplating investments in FVE, you should request printed copies of any such documents directly from FVE.
Moreover, FVE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this website by FVE, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, FVE does not grant any license or other authorization to you to use this website in any manner if such use in whole or in part suggests that FVE promotes or endorses any third party’s causes, ideas, political campaigns, political views, websites, products or services.
Infringement Notices and Takedown
FVE prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this website infringes your copyright, you should notify FVE of your copyright infringement claim in accordance with the following procedure. FVE will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act, or DMCA. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:
Director, Investor Relations
Five Star Quality Care Inc.
400 Centre Street
Newton, MA 02458
USA Telephone: (617) 796-8245
Facsimile: (617) 796-8267
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please consult with your legal advisor before filing a notice under the DMCA.
You hereby agree to indemnify, defend, and hold harmless FVE and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, trustees, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively referred to as the Indemnified Parties) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to your use of this website or any breach by you of these Terms and Conditions or the representations, warranties, and covenants you have made by agreeing to these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim. FVE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Disclaimer of Warranties
While FVE attempts to convey accurate and current information on this website, the information provided on this website may contain typographical or technical errors. Information on this website is provided to you “AS IS” and “AS AVAILABLE” and without warranty of any kind.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, FVE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Further, FVE expressly disclaims any obligation to update or correct information contained on this website and explicitly disclaims any duty to do so. FVE assumes no liability or responsibility for any errors or omissions in the information provided on this website. You expressly agree that your use of this website is at your sole option and risk and as such you assume full responsibility and all risks arising from or relating to your use of this website. You must confirm the accuracy of any information presented on or through this website before relying on it in any way.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FVE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF FVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FVE’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1.00. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY IN WHICH CASE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Changes to Website
FVE reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the website and/or reserves the right to change, suspend or discontinue all or any part of the website or its content at any time without prior notice or liability.
This website may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
These Terms and Conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. In the event of a dispute concerning these Terms and Conditions, you expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the Commonwealth of Massachusetts. If any provision of these 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 these Terms and Conditions, which shall remain in full force and effect. Failure of FVE to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions.
These pages are controlled and operated by FVE in the United States of America and are intended for use within the United States of America. FVE makes no representation that material on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws.
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS.
FIVE STAR QUALITY CARE, INC. TERMS AND CONDITIONS
Last Revised: January 13, 2009