Terms and Conditions of Use

1. Agreement to Terms — Please Read Carefully

These Terms and Conditions (“Terms,” “Agreement”) constitute a legally binding contract between you (“you,” “User,” or “Visitor”) and Sapphire Health Services, LLC, its parent, affiliates, subsidiaries, managed communities, and operating entities (collectively, “Sapphire,” “we,” “us,” or “our”), governing your access to and use of the website located at https://sapphirehealthservices.com and any associated subdomains, mobile-optimized versions, online forms, chat features, tour-request tools, career portals, and related digital properties (collectively, the “Site”).

BY ACCESSING, BROWSING, SCROLLING, CLICKING, INTERACTING WITH, OR OTHERWISE USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY STATEMENT, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

These Terms include a binding arbitration clause, a class-action waiver, limitations of liability, consent to electronic communications and tracking technologies, and disclaimers concerning medical and health information. Please review them carefully.

2. No Medical Advice — Informational Use Only

The Site is provided for general informational, educational, and marketing purposes only. Content describing skilled nursing, memory care, assisted living, in-home care, rehabilitation, respite, hospice, and related services is not, and shall not be construed as:

• Medical, nursing, clinical, psychological, pharmacological, or therapeutic advice;
• A diagnosis, treatment plan, or recommendation;
• A substitute for consultation with a licensed physician, nurse practitioner, social worker, or other qualified healthcare professional;
• An offer to provide care, a guarantee of admission, or a contract for services.

If you or a loved one is experiencing a medical emergency, call 911 immediately. Admission to any Sapphire community is governed by a separate, written Admission Agreement executed at the facility and is subject to clinical assessment, bed availability, payer-source verification, and regulatory requirements.

3. Not a HIPAA-Covered Portal

The Site is a public-facing marketing and information website. It is not a patient portal, electronic health record system, telehealth platform, or covered communication channel under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 45 C.F.R. Parts 160 and 164.

DO NOT transmit Protected Health Information (“PHI”), Social Security numbers, insurance identifiers, diagnostic information, medication lists, advance directives, or other sensitive health data through any contact form, chat widget, email link, or unsecured channel on this Site.

For all PHI-related communications, please contact the relevant Sapphire community directly by telephone or visit in person to be authenticated and provided with a HIPAA-compliant communication channel. Any voluntary submission of PHI through the Site is at your sole risk, and you waive any claim against Sapphire arising from such voluntary, unsolicited transmission to the fullest extent permitted by law.

4. Eligibility

You represent and warrant that you are at least eighteen (18) years of age, are legally competent to enter into a binding contract, and are not barred from receiving services under the laws of the United States or your state of residence. The Site is not directed to children under thirteen (13), and we do not knowingly collect personal information from such children. See our Privacy Statement for details.

5. Intellectual Property

All content on the Site — including text, graphics, logos (including “Sapphire Health Services” and associated trade dress), photographs, images, audio, video, software, code, layouts, and the selection and arrangement thereof — is the property of Sapphire or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view and print pages for personal, non-commercial use only. You may not:

1. reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Site without our prior written consent;
2. scrape, crawl, harvest, or use any automated system (including bots, spiders, or AI-training crawlers) to access the Site, except for general-purpose search-engine indexing in accordance with our robots.txt directives;
3. use any Sapphire trademark, logo, or service mark without express written authorization;
4. frame, mirror, or otherwise incorporate Site content into another website or service.

Any unauthorized use automatically terminates the license granted above and may result in civil and criminal penalties.

6. Acceptable Use

You agree not to use the Site to:

• Violate any applicable federal, state, local, or international law or regulation, including but not limited to HIPAA, the Elder Justice Act, state vulnerable-adult protection statutes (including ORS 124.050 et seq. (Oregon), RCW 74.34 (Washington), and Idaho Code § 39-5301 et seq.), the Americans with Disabilities Act (“ADA”), the CAN-SPAM Act, and the Telephone Consumer Protection Act (“TCPA”);
• Transmit malware, viruses, ransomware, worms, Trojan horses, or any code designed to interrupt, destroy, or limit functionality;
• Attempt unauthorized access to any portion of the Site, server, database, or network connected to the Site;
• Engage in any form of harassment, defamation, hate speech, or threatening conduct toward Sapphire staff, residents, families, or other Users;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Interfere with or disrupt the Site, including by overloading, flooding, spamming, or otherwise undermining its operation;
• Use the Site for any commercial solicitation, marketing, recruiting, or competitive intelligence-gathering without prior written consent;
• Collect or harvest any personally identifiable information (“PII”) of other Users.

We reserve the right, in our sole discretion, to investigate violations, cooperate with law-enforcement authorities, and pursue all available legal and equitable remedies, including injunctive relief and reasonable attorneys’ fees.

7. User Submissions, Testimonials, and Communications

Any information, content, testimonial, review, photograph, inquiry, application, resume, comment, or material you voluntarily submit through the Site (“Submissions”) shall be treated as non-confidential and non-proprietary, except where governed by HIPAA, state privacy law, or our Privacy Statement.

By making a Submission, you grant Sapphire a perpetual, worldwide, royalty-free, irrevocable, sublicensable, transferable license to use, reproduce, modify, publish, translate, distribute, display, and create derivative works of the Submission for any lawful purpose, including marketing, training, quality improvement, and regulatory compliance — subject to the protections in our Privacy Statement.

You represent and warrant that (i) you own or have the necessary rights to all Submissions, (ii) your Submissions do not infringe any third-party rights, (iii) your Submissions are accurate and not misleading, and (iv) you have obtained consent from any identifiable third party referenced therein.

8. Third-Party Links, Integrations, and Vendors

The Site may contain links to third-party websites, embedded widgets, social-media plug-ins, mapping services, payment processors, applicant-tracking systems, chatbot vendors, and analytics providers. Sapphire does not own, operate, control, or endorse these third parties, and we are not responsible for their content, privacy practices, security, or terms of use. Your interactions with such third parties are governed solely by their terms and policies. We strongly encourage you to review them.

9. Consent to Electronic Communications

By submitting your contact information through the Site, you expressly consent to receive electronic communications from Sapphire (including email, SMS/MMS text messages where you have provided a mobile number, and telephone calls) regarding your inquiry, tour requests, employment applications, service updates, and related matters. Standard message and data rates may apply. You may opt out of marketing communications at any time by replying “STOP” to a text, clicking “unsubscribe” in an email, or contacting us at the information below. Transactional and care-related communications may continue as necessary.

10. Consent to Cookies, Analytics, and Session Technologies

The Site uses cookies, pixels (which may include Meta/Facebook, Google, TikTok, LinkedIn, and similar advertising pixels), server logs, web beacons, software development kits (“SDKs”), session-replay tools (such as Hotjar or similar), heatmaps, chatbots, and other tracking technologies (collectively, “Tracking Technologies”) to operate, secure, analyze, personalize, and market the Site.

EXPRESS CONSENT NOTICE — CALIFORNIA INVASION OF PRIVACY ACT (CIPA), WASHINGTON MY HEALTH MY DATA ACT (MHMDA), AND COMPARABLE LAWS: By clicking “Accept,” “I Agree,” “Continue,” or any equivalent button on our cookie/consent banner, or by continuing to use the Site after being presented with notice of these Tracking Technologies, you knowingly and voluntarily consent to (a) the recording, capture, transmission, storage, and analysis of your interactions with the Site — including mouse movements, clicks, scrolls, keystrokes (excluding sensitive form fields where masked), page views, IP address, device identifiers, referral URLs, and chat conversations — and (b) the sharing of such data with our service providers, analytics partners, and advertising partners as described in our Privacy Statement. You acknowledge that this Site is a party to all such communications and that you have no reasonable expectation of privacy with respect to data collected via these Tracking Technologies. You may withdraw consent at any time by using the controls described in our Privacy Statement, but withdrawal will not affect the lawfulness of processing performed before withdrawal.

If you do not consent, do not use the Site, or use only the limited “essential cookies” path offered by our consent banner.

11. Accessibility

Sapphire is committed to digital accessibility for individuals of all abilities, including residents, family members, prospective employees, and the public. We strive to substantially conform the Site to the Web Content Accessibility Guidelines (“WCAG”) 2.1 Level AA published by the World Wide Web Consortium. If you encounter a barrier to access, please contact us at the information below so we may provide the information or service to you through an alternative accessible means. Your feedback helps us improve.

12. Disclaimer of Warranties

THE SITE AND ALL CONTENT, FUNCTIONS, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.

Sapphire does not warrant that information on the Site is current, accurate, or applicable to your individual circumstances. Bed availability, staffing levels, services offered, pricing, payer participation (Medicare, Medicaid, Veterans Affairs, private pay, long-term-care insurance), survey results, and regulatory status are subject to change without notice. No oral or written information obtained from Sapphire or through the Site creates any warranty not expressly stated herein.

Some jurisdictions do not allow the exclusion of certain warranties; the above exclusion may not apply to you to the extent prohibited by law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAPPHIRE, ITS PARENT, AFFILIATES, SUBSIDIARIES, MANAGED COMMUNITIES, OWNERS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “SAPPHIRE PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR PERSONAL INJURY — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF A SAPPHIRE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF THE SAPPHIRE PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID SAPPHIRE FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, statute, or any other basis, even if a limited remedy fails of its essential purpose. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Sapphire Parties from and against any and all claims, demands, actions, losses, damages, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any law or third-party right; (c) your Submissions; (d) your unauthorized transmission of PHI through the Site; or (e) your misuse of the Site.

15. Dispute Resolution — Binding Arbitration & Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH SAPPHIRE THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

(a) Informal Resolution. Before filing any claim, you agree to first contact Sapphire in writing at the address below and provide a reasonable description of the dispute. The parties shall attempt in good faith to resolve the matter within sixty (60) days.

(b) Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Site — including the existence, validity, interpretation, performance, breach, or termination thereof, and any claim under CIPA, MHMDA, CCPA/CPRA, the Wiretap Act, common-law privacy torts, or related statutes — shall be finally resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect. The seat of arbitration shall be Portland, Oregon (or, at your election, your county of residence within OR/WA/ID), conducted in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class-Action Waiver. YOU AND SAPPHIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

(d) Carve-Outs. Either party may (i) bring an individual action in small-claims court; (ii) seek injunctive or equitable relief in court to protect intellectual property rights; or (iii) pursue claims that, by law, cannot be subject to mandatory pre-dispute arbitration.

(e) 30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to the address below within thirty (30) days of first accepting these Terms. The notice must include your name, mailing address, and a clear statement that you wish to opt out.

(f) Severability. If any portion of this Section 15 is found unenforceable, the remainder shall remain in effect; provided that if the class-action waiver is held unenforceable, the entirety of this Section 15 shall be null and void.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict-of-laws principles. To the extent any claim is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Multnomah County, Oregon, and waive any objection based on inconvenient forum.

17. Notices; DMCA Agent

Notices to Sapphire shall be sent to:

DMCA / Copyright Infringement Notices under 17 U.S.C. § 512(c) should be sent to the same address, marked “Attn: DMCA Designated Agent,” and must include the elements required by the statute.

18. Changes to These Terms

We may revise these Terms at any time by posting an updated version on the Site with a new “Last Updated” date. Material changes will be highlighted. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms.

19. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Statement and any document expressly incorporated by reference, constitute the entire agreement between you and Sapphire regarding the Site.
Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver. No failure or delay by Sapphire to exercise any right shall operate as a waiver thereof.
Assignment. You may not assign these Terms without our prior written consent. We may assign without restriction.
Force Majeure. Sapphire shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, pandemic, natural disaster, cyberattack, governmental order, or utility failure.
Headings. Headings are for convenience only and have no legal effect.
Survival. Sections 5, 7, 12, 13, 14, 15, 16, and 19 survive termination.