Terms & Conditions

Effective Date: November 14, 2022

IMPORTANT – PLEASE READ THESE TERMS OF USE CAREFULLY

By accessing or using this website—or any other website owned or operated by Butte Living (individually and collectively referred to as the “Site” or “Sites”)—and/or using any services offered by Butte Living through or in connection with the Sites (including senior housing and care marketing and informational services, referred to collectively as the “Services”), you acknowledge and agree to the following Terms of Use.

Your use of the Sites and Services is expressly conditioned on your acceptance of these Terms of Use, without changes or exceptions. By clicking the acceptance checkbox provided with the link to these Terms, or by continuing to access or use the Sites or Services, you confirm your agreement to be legally bound by these Terms of Use and all additional terms referenced herein.

If you do not agree to these Terms, do not use the Sites or Services.

Important Notice:

These Terms of Use include a mandatory arbitration agreement, a class action waiver, and a waiver of your right to a jury trial. These provisions affect your legal rights regarding the resolution of any disputes with Butte Living. Please review them carefully.

The Sites and Services are operated and maintained by Butte Living.

Terms of Use and Service Overview

These Terms of Use govern your access to and use of our Sites and Services. Please read them carefully.

Updates to These Terms

We may update or modify these Terms of Use, the Sites, or the Services at any time. When changes are made, we will update the “Effective Date” at the top of this page. In some cases, we may also provide additional notice, such as a banner notification on the homepage or an email alert.

Your continued use of the Sites or Services after any changes are posted constitutes your acceptance of the revised Terms. Therefore, we encourage you to review these Terms regularly. If you do not agree with the updated Terms, you must stop using the Sites and Services immediately.

To the extent required by law, we may be obligated to provide specific notice of changes. However, by using the Sites or Services, you waive any legal right to such notice—except if you are a resident of Washington State or using our Services within Washington State.

Other Agreements and Additional Terms

These Terms of Use do not override or replace any other written agreement you may have with Butte Living for products or services.

Your access to and use of the Sites may also be subject to additional terms or legal notices (“Additional Terms”). Where applicable, those Additional Terms will be provided within the Services or separately. Together, these Terms of Use and any applicable Additional Terms form a legally binding agreement between you and Butte Living.

In the event of any conflict between these Terms of Use and the Additional Terms regarding a particular Service, the Additional Terms will govern.

Eligibility

To use our Sites and Services, you must be of legal age to enter into a binding contract and must not be prohibited from using the Services under the laws of your jurisdiction.

Our Services

Butte Living provides marketing, information, and personalized assistance services to support families in finding senior housing and care options tailored to their needs.

We help individuals and families explore a range of care types, including:

Independent living
Assisted living
Memory care

Based on the information you provide, we connect you with suitable options from our network of contracted providers (“Participating Communities”). We may share your information with these Participating Communities so they can contact you directly.

Our services include access to detailed community profiles and one-on-one support from a Butte Living Senior Living Advisor via phone. This service is provided at no cost to families; Participating Communities compensate Butte Living for referrals.

Participating Senior Housing and Care Communities

Participating Communities are solely responsible for evaluating and determining the suitability of prospective residents and for providing their care. This includes, but is not limited to, ensuring their staff are properly trained, qualified, and up to date on required education, and that their facilities, resources, and equipment meet the needs of their residents.

Each Participating Community is fully accountable for:

The quality of care and services they provide
The condition and safety of their facilities
The actions and training of their employees, contractors, vendors, and other individuals operating within or on behalf of the community

Participating Communities are also responsible for the content and accuracy of any information they publish on their profile pages or elsewhere on our Sites. This content does not reflect the views or opinions of Butte Living or its representatives, and we do not control, verify, or guarantee its accuracy. We do not accept responsibility or liability for any decisions or actions taken based on this information. By using the Sites or Services, you acknowledge and accept these risks.

No Endorsement or Affiliation; Not a Broker or Agent

Butte Living does not independently evaluate, recommend, or endorse any Participating Community. We are strictly an information and referral service.

Specifically, we do not:

Place individuals into any senior housing or care community
Conduct medical or personal assessments
Participate in the final decision-making process regarding community selection or admittance

We are not affiliated with or acting as a representative, agent, or broker for either the consumer or the Participating Community. All decisions regarding placement are made solely by the potential resident, their family, care providers, and the Participating Community.

Butte Living does not sell, lease, or broker housing or care placements, and is not a party to any agreements between families and Participating Communities.

No Professional Advice

The content, materials, and information available on the Sites or provided through our Services are intended solely for general informational purposes. They are not a substitute for professional advice, including but not limited to medical, legal, financial, or other specialized guidance.

You should always seek the advice of a qualified and licensed professional for any questions or concerns requiring expert attention.

Butte Living makes no representations or warranties regarding the accuracy, applicability, or outcomes of the information provided and expressly disclaims all liability for any actions taken or not taken based on the content available through the Sites or Services. By using the Sites and Services, you agree to release Butte Living from any and all liability related to your reliance on such information.

Privacy and Consent to Communications

We take your privacy seriously. Please review our [Privacy Policy], which explains how we collect, use, and protect your personal information when you use our Sites and Services.

By submitting forms on the Sites or providing us with your information in any way, you consent to be contacted by Butte Living and/or Participating Communities via phone, mobile device, email, mail, or other methods.

If you are a customer or potential customer, you also authorize us to share the information you provide—with or without additional information we may obtain from third parties—with Participating Communities for the purpose of delivering our Services.

This consent remains valid until you notify us in writing that you no longer wish to receive our Services. However, even after such a request, we may continue to reference or disclose your information to Participating Communities as necessary to resolve outstanding matters—such as billing or administrative tasks—until those matters are fully resolved.

Recorded Telephone Communications

To ensure quality and improve our services, telephone calls between you and Butte Living may be monitored or recorded. By using our Services and communicating with us by phone, you expressly consent to the recording and monitoring of these calls.

Consent to Automated Communications

By providing your telephone number, you agree that Butte Living and our senior living partners may contact you at that number. This contact may include calls or text messages using an automatic telephone dialing system or other automated technology—even if your number is listed on a federal or state Do Not Call registry.

Please note: Your consent to receive automated communications is not required to use our Services.

Use of the Sites and Limited License

You are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Sites and all content, materials, data, and information available on them (collectively, the “Site Materials”) for your personal, non-commercial use only, and in accordance with these Terms of Use.

You agree not to:

Use the Sites or Site Materials for any unlawful purpose or in a manner that harms Butte Living
Use the Sites or Site Materials beyond what is explicitly permitted in these Terms

Any unauthorized use of the Sites or Site Materials will result in the immediate and automatic termination of this license and may also violate applicable intellectual property or communication laws. Except as expressly provided, nothing in these Terms grants you any right to Butte Living’s intellectual property.

Butte Living reserves the right to revoke this license at any time.

Prohibited Activities

You agree not to engage in any of the following prohibited activities when accessing or using the Sites or Services:

Using the Sites for any commercial purpose without express written consent
Promoting or conducting illegal activities
Uploading or transmitting viruses, malware, or harmful code
Disrupting, disabling, or interfering with the Sites or related networks and systems
Violating any rules or policies of networks connected to the Sites
Copying, reproducing, distributing, modifying, displaying, performing, or otherwise using Site content beyond authorized personal use
Using data scraping tools, bots, or similar methods to extract data or content
Attempting to reverse-engineer or derive the source code of any part of the Sites
Accessing secured areas of the Sites without authorization
Bypassing or tampering with security features or encryption methods
Using the Sites to send spam or unsolicited commercial communications
Harassing, stalking, or harming others through the Sites or Services
Impersonating any individual or entity or misrepresenting your affiliation
Uploading or distributing content harmful to minors
Framing or mirroring any portion of the Sites without permission
Taking any other actions that are unlawful or that could harm Butte Living or its users

Intellectual Property Ownership

All trademarks, service marks, trade names, and other intellectual property appearing on the Sites are the exclusive property of Butte Living or its licensors. This includes, without limitation, the Butte Living name, logos, slogans, and all content, materials, and designs on the Sites. These assets are protected under applicable trademark, copyright, and intellectual property laws in the United States and other jurisdictions. Third-party trademarks mentioned on the Sites are the property of their respective owners. Except as expressly stated in these Terms of Use, no rights are granted to you, and all rights are reserved.

Account Security

Certain features of the Sites may require you to create an account with a username and password. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. By using the Sites, you agree to comply with these Terms of Use and accept responsibility for all actions taken using your account.

Links to External Websites

The Sites may include links to third-party websites (“External Web Sites”) for your convenience. Butte Living does not control or endorse the content, products, or services found on these External Web Sites and is not responsible for any content, accuracy, or policies of linked sites. Your use of any External Web Site is entirely at your own risk, and once you leave our Sites, these Terms of Use and our Privacy Policy no longer apply. We encourage you to review the terms and privacy practices of any third-party websites you visit.

Third-Party Products and Services

The Sites may display advertisements, promotions, or other information about third-party products or services, including those offered by Participating Communities (“Third-Party Products and Services”). These listings are for informational purposes only and do not constitute an endorsement by Butte Living. We do not guarantee the accuracy, legality, quality, or reliability of any Third-Party Products and Services. All interactions, transactions, or communications with such third parties are solely between you and the third party, and you agree that Butte Living will not be liable for any damages or losses resulting from such dealings.

We encourage you to conduct your own research and exercise judgment before engaging with any Third-Party Products and Services found through our Sites.

Public Areas and User Submissions

If you participate in public forums, message boards, or other interactive features on the Sites (“Public Areas”), additional terms apply:

By submitting or posting any materials—such as ideas, suggestions, questions, comments, or other content—you grant Butte Living a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, and sublicensable license to use, reproduce, distribute, display, publish, and adapt your submission, including any associated name or likeness, in any format or media now known or developed in the future. Submissions are considered non-confidential, and you should not include any sensitive or proprietary information.

By posting content in a Public Area, you confirm that:

Your submission does not contain unlawful, threatening, defamatory, obscene, or otherwise offensive content.
You own or have permission to post any copyrighted or proprietary materials.
Your submission does not infringe upon the privacy, publicity, or intellectual property rights of others.
Your submission does not contain malware, viruses, or harmful code.
You are not engaging in fraudulent, deceptive, or illegal practices.

Your use of any Public Area is subject to these Terms and any additional rules or guidelines posted in connection with those areas.

Disclaimer

The Sites, including all content, links, materials, evaluations, recommendations, services, and products—whether provided by Butte Living or third parties—are provided “as is” and without warranties of any kind, either express or implied. Your use of the Sites and materials is at your own risk.

Butte Living and its affiliates, successors, officers, directors, shareholders, agents, and employees (“Associated Parties”) expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant:

That the Sites or content are accurate, complete, reliable, current, or error-free.
That access to the Sites will be secure or free from viruses or harmful components.
The quality or conduct of any third-party service providers, including Participating Communities or healthcare and senior housing providers, even if we introduced them.

No verbal or written information from Butte Living or others will alter this disclaimer.

Limitation of Liability

To the fullest extent allowed by law, Butte Living and the Associated Parties are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

Loss of use, profits, data, or business interruption,
Whether based in contract, tort, strict liability, or any other legal theory,
Even if advised of the possibility of such damages.

Total liability, if any, for all claims related to your use of the Sites or Services will not exceed the greater of $50 USD or the amount you paid (if any) to Butte Living.

This limitation does not apply to liability arising from gross negligence, fraud, or intentional misconduct. Some jurisdictions (e.g., Washington State) may not allow certain limitations, so they may not apply to you.

Indemnification

You agree to indemnify and hold harmless Butte Living and the Associated Parties from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:

Your use of the Sites or Services,
Your violation of these Terms of Use,
Your infringement of any third party’s rights, including intellectual property rights.

Termination

We reserve the right to suspend or terminate your access to the Sites at any time, with or without notice or cause. Upon termination, your right to use the Sites will immediately end.

Changes to the Sites or Services

Butte Living may change, suspend, or discontinue any aspect of the Sites or Services at any time, without notice.

Governing Law and Venue

These Terms and any disputes will be governed by the laws of the State of New York, excluding its conflict of laws rules. Any non-arbitrated disputes will be resolved in the state or federal courts located in New York County, New York.

Arbitration, Class Waiver, and Jury Trial Waiver

By using the Sites or Services, you agree to resolve most disputes through binding arbitration with JAMS, not in court, and waive your right to a jury trial. The Federal Arbitration Act governs this process.

Disputes will be resolved on an individual basis only—no class or representative actions.
If you bring a claim, you pay up to $250 in filing fees; we cover the rest.
You may opt out of arbitration within 30 days of accepting these terms by emailing contactus@butteliving.com with your full name, address, and a clear statement of your wish to opt out.
If a court finds any part of this arbitration section unenforceable, that part will be severed, and the remainder will remain in effect.

Copyright Infringement (DMCA) Notices

If you believe your copyright has been infringed on our Sites, please send a notice including:

The copyrighted work being infringed.
The material you believe is infringing (include a URL).
Your name, address, email, and phone number.
A statement that you believe in good faith the use is unauthorized.
A statement, under penalty of perjury, that your notice is accurate and you’re authorized to act on the copyright owner’s behalf.
Your physical or electronic signature.

Submit DMCA notices to:

Email: contactus@butteliving.com
Phone: xxx-xxx-xxxx

General Terms

If any part of these Terms is found unenforceable, the rest will remain in full effect. These Terms are personal to you—you may not assign or transfer them. These Terms constitute the entire agreement between you and Butte Living regarding your use of the Sites.