Effective Date: 03/17/2026 · Last Updated: 03/17/2026
BedMatch Pro, LLC, and its affiliates (collectively, “we,” “us,” “our,” or “BedMatch”) offer you access to its website (bedmatch.health), including the web-based platform and associated services (collectively, our “Platform”). These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of the Platform.
BedMatch provides a technology platform that enables users to discover and connect with senior living communities based on their care needs and preferences. BedMatch facilitates introductions between users and participating providers through the Platform. BedMatch does not provide healthcare services, housing, or clinical care, and is not a party to any residency agreement between a user and a Provider.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PLATFORM. BY USING ANY PART OF THE PLATFORM (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) OR CREATING AN ACCOUNT, YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR PLATFORM.
THE PLATFORM IS NOT INTENDED FOR USE IN SUBMITTING, STORING, OR TRANSMITTING “PROTECTED HEALTH INFORMATION” AS DEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND ITS IMPLEMENTING REGULATIONS (COLLECTIVELY, “HIPAA”). BEDMATCH IS NOT A “COVERED ENTITY” OR “BUSINESS ASSOCIATE,” AS THOSE TERMS ARE DEFINED UNDER HIPAA, AND BEDMATCH DOES NOT AGREE TO COMPLY WITH HIPAA WITH RESPECT TO ANY INFORMATION YOU PROVIDE THROUGH THE PLATFORM. YOU MUST NOT SUBMIT ANY INFORMATION TO THE PLATFORM THAT WOULD CONSTITUTE PROTECTED HEALTH INFORMATION, AND WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY ARISING FROM ANY SUCH SUBMISSION.
BEDMATCH IS NOT A REFERRAL AGENCY, BROKER, OR PLACEMENT SERVICE.
Our Platform and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Platform and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Platform are owned by us, our licensors, our affiliates, and/or identified third parties (collectively, the “Platform Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Platform or any Platform Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
(A) In order to access or use some features of our Platform, you may have to become a registered user. If you are under the age of eighteen (18), then you are not permitted to register as a user, sign up for any promotional messages, or otherwise provide us any personal information.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us by emailing [email protected] immediately, if you become aware of any breach of security or unauthorized use of your Account.
(C) Account Types: Depending on the type of Account you register with us, you may have access to different parts of the Platform and have rights and responsibilities in addition to those under these Terms of Use. Notwithstanding the foregoing, all Accounts must comply with these Terms of Use.
(A) We may offer certain portions of our Platform at no charge and others for a one-time fee, on a per-use basis, on a subscription basis or under any other lawful pricing structure. In all instances, our Platform is not being sold to you; rather, you are being granted a limited right to use our Platform.
(B) Third-Party Services/Terms:
(i) In certain instances, your use of the Platform or other services may be subject to your agreement to certain third-party privacy or other terms, including the terms of Third-Party Facilities (“Third-Party Terms”). FOR THIRD-PARTY FACILITIES, IT IS YOUR RESPONSIBILITY TO IDENTIFY, OBTAIN, REVIEW, AND EVALUATE THE TERMS AND CONDITIONS RELATED TO BOOKINGS AT AND USE OF EACH APPLICABLE THIRD-PARTY FACILITY. For Third-Party Terms related to third-party products or services accessed through our Platform, we will endeavor to you notice of such applicable terms in our Privacy Policy or via posting in our Platform. By using the applicable service, you agree to all such Third-Party Terms.
(C) Except to the extent you enter a Provider Terms of Use Agreement which says otherwise, our Platform is provided for use by you or your organization for personal or non-commercial use only. When using our Platform, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Platform Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install or print Platform Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Platform Content.
(D) Any software that is made available to view and/or download in connection with our Websites is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.
(E) To the extent that our Platform or other services contain links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource.
(F) Furthermore, except as expressly permitted in these Terms of Use, you may not:
(G) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
(H) In certain cases, BedMatch may facilitate optional platform services, such as temporary room hold requests, which may involve processing payments on behalf of participating providers. Any residency decisions, agreements, and ongoing housing payments are made directly between the user and the selected community. BedMatch is not a party to any residency agreement and does not assume responsibility for payment obligations between users and Providers.
(A) Promotional Messages. Our Platform may include sending you promotional e-mails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, results in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy. By providing your mobile number and opting in through the Platform, you expressly consent to receive automated and recurring text messages from BedMatch regarding your account, matches, and related services. Consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying STOP or request assistance by replying HELP. Your consent may be revoked at any time.
(i) Emails/Newsletters. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy, or by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
(ii) Text/SMS Messages. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan with your wireless services carrier, you may be charged message and/or data charges by your wireless carrier for each message; (2) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges; (3) depending on your settings and preferences, we may send you up to eighteen (18) messages per month through our Message Service; (4) you may opt-out of receiving messages from us as set forth in our Privacy Policy, or by texting “STOP” as a reply to any of our messages; (5) if you have any questions about our Message Service or need assistance, you may text “HELP” as a reply to any of our messages; (6) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; (7) we do not guarantee or warrant that you will receive all or any of our messages; and (8) our Message Service may be administered by a third party (the “Administrator”) and reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions.
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Platform messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Platform. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
For the avoidance of doubt, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Platform will not be permitted.
(D) By submitting User Content to us, simultaneously with such posting you automatically grant, represent, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Platform and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(E) By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Leena P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.
(F) We do not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, including without limitation, creative content, ideas, or suggestions relating to new or improved products, enhancements, names or technologies, advertising, and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
(G) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
(H) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
(A) We provide our Platform including, without limitation, Platform Content for personal, educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Platform for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Platform Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Platform Content. Any automated matching, filters, scoring, or other data-driven processes available through the Platform rely solely on the information submitted to the Platform by users and Providers. We do not verify, and have no responsibility for verifying, the accuracy, timeliness, completeness, or suitability of any information provided by users or Providers. Users are solely responsible for the accuracy of their own data inputs and for determining whether any Provider, Platform Content, or other information surfaced through the Platform meet their needs. Users acknowledge that the Providers identified through the Platform may not represent an exhaustive list of all communities, facilities, or service options in the user’s geographic area, including those that may otherwise meet the user’s stated preferences or needs. BedMatch makes no representations or warranties regarding the results of such processes on the Platform and disclaims all liability arising from or related to any matches or lack thereof. BedMatch does not evaluate, recommend, or endorse any specific Provider. Matches are generated through automated processes based on user-provided preferences and available data. Users are solely responsible for evaluating and selecting any Provider and for verifying all information prior to making any decisions regarding care or residency. BedMatch does not guarantee availability, pricing, acceptance, or outcomes from any Provider.
(B) Health Claims. Any health related Platform Content available is not intended to be a substitute for professional medical advice. THE INFORMATION AND CONTENT PROVIDED ON OR ACCESSED THROUGH THE PLATFORM DO NOT CONSTITUTE THE PRACTICE OF MEDICINE OR ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY ILLNESS OR DISEASE. THE INFORMATION PROVIDED IS INTENDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. ANY INFORMATION PROVIDED SHOULD NOT BE RELIED UPON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL. IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, OR CONSULTATION WITH, OR THE ADVICE OF, YOUR HEALTHCARE PROFESSIONAL OR OTHER QUALIFIED HEALTHCARE PROVIDER. THE INFORMATION PROVIDED IS NOT INTENDED TO CREATE ANY PATIENT RELATIONSHIP.
You acknowledge that BedMatch does not employ the Providers, or direct or control what services they may provide, and does not offer or provide preferential placement or recommendations for any one Provider over another. BedMatch may be owned, in whole or in part, by individuals or entities that also own or operate Provider facilities, but the inclusion, ranking, display, or visibility of any Provider on the Platform is determined through automated processes, user-selected preferences, availability inputs, and objective system criteria. Ownership interests do not guarantee or influence placement priority. BedMatch does not participate in, negotiate, or control the terms of any agreement between users and Providers. Any agreement for services is solely between the user and Provider. Accordingly, BEDMATCH MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ANY SERVICES WHICH ANY PROVIDER MAY PROVIDE, INCLUDING THAT SUCH SERVICES WILL BE TIMELY, ACHIEVE ANY RESULT, OR MEET ANY PERSON’S NEEDS OR EXPECTATIONS, OR REGARDING THE PROVIDER’S LICENSURE STATUS, REGULATORY STANDING, OR SUITABILITY OF CREDENTIALS OR SERVICES. ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH SERVICES, WHETHER EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED. ANY SERVICES FROM PROVIDERS, INCLUDING ANY MEDICAL SERVICES AND THE SETTING OF RESIDENTIAL CARE SERVICES, ARE PROVIDED BY THE PROVIDERS, NOT BY BEDMATCH, ON AN “AS IS” AND “AS AVAILABLE” BASIS. BedMatch currently does not charge referral or placement fees but may receive compensation from participating providers for marketing, technology services, transaction processing, or other services offered through the Platform, which will be disclosed as required by applicable law. BedMatch may in the future receive compensation from participating providers for marketing, technology services, or successful move-ins facilitated through the Platform. If such compensation arrangements are implemented, BedMatch will clearly disclose the nature of those fees, including whether they are paid by the community or the user, in accordance with applicable law. BedMatch may verify licensing information when applicable using publicly available regulatory records and information provided by Providers. Licensing status may be displayed on community profiles for transparency. BedMatch does not represent that all communities listed on the Platform are licensed, and users should review the licensing status of each community before making residency decisions.
(C) In many instances, Platform Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Platform by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(D) Our Platform may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
(A) You agree to defend, indemnify, and hold harmless BedMatch, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “BedMatch Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Platform; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
(B) If you are using our Platform on behalf of a business, that business accepts these terms. It will hold harmless, defend, and indemnify the BedMatch Parties from any claim, suit or action arising from or related to the use of the Platform or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.
YOU EXPRESSLY AGREE THAT USE OF OUR PLATFORM IS AT YOUR SOLE RISK. OUR PLATFORM AND PLATFORM CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE BEDMATCH PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (i) WARRANTIES THAT OUR PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATION CONTENT OF OUR PLATFORM OR PLATFORM CONTENT; (iii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (iv) WARRANTIES FOR SERVICES OR GOODS RECEIVED, ADVERTISED, OR ACCESSED THROUGH OUR PLATFORM; (v) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PLATFORM; (vi) WARRANTIES THAT YOUR USE OF OUR PLATFORM WILL BE SECURE OR UNINTERRUPTED; AND (vii) WARRANTIES THAT ERRORS IN OUR PLATFORM OR PLATFORM CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
(A) UNDER NO CIRCUMSTANCES SHALL ANY OF THE BEDMATCH PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR PLATFORM OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR PLATFORM INCLUDING, WITHOUT LIMITATION, PLATFORM CONTENT IS TO STOP USING OUR PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED OR ADVERTISED IN CONNECTION WITH OUR PLATFORM OR ANY LINKS PLACED IN OUR PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR PLATFORM.
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL THE BEDMATCH PARTIES EXCEED $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR PLATFORM OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C) These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you.
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Platform for any reason or no reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we are not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Platform.
(B) You may terminate your Account at any time without penalty. Upon termination, your access to the Account and associated features will cease; BedMatch will process the termination promptly and without imposing any fees, penalties, or charges; and except as expressly required to perform post-termination obligations or comply with applicable law, BedMatch will stop processing your Personal Information in accordance with the Privacy Policy.
(C) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use (which by their nature should survive the suspension or termination of your Account or these Terms of Use) shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “Miscellaneous.”
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on our Platform or hosted on our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (the “Designated Agent”). Our Designated Agent is:
Designated Agent:
BedMatch Pro, LLC
Attn: DMCA Agent
22211 I-10
Suite 1206
San Antonio, TX 78257
Email: [email protected]
Phone: 888-450-8717
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following information:
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
These Terms of Use shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Platform or these Terms of Use shall be subject to Mandatory Arbitration as set forth below.
(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at:
BedMatch Pro, LLC,
Attention: Legal Department
22211 I-10
Suite 1206
San Antonio, TX 78257
We will contact you based on the contact information you have provided us.
(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to binding arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through binding arbitration.
(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, affiliate, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) and by means of the AAA’s Commercial Arbitration Rules and Mediation Procedures (“AAA’s Rules”). The rules and procedures and other information, including information on fees, may be obtained from AAA directly. The arbitration shall take place at a location mutually agreed to by the parties or, if no such agreement is reached, as determined by AAA. Any such arbitration hearing shall be heard by a single arbitrator that is a former judge or a commercial litigator with at least twenty years of experience (the “Arbitrator”) in Bexar County. Expenses of the arbitration, including compensation of the Arbitrator, shall at all times be borne equally by the Parties, and administrative expenses shall be borne in the manner specified in Rule R-55 of AAA’s Rules. All issues of arbitrability will be decided exclusively by the Arbitrator. Any award by the Arbitrator may be entered as a judgment in any court having jurisdiction. To the extent any action or proceeding is brought in aid of arbitration, including, without limitation, seeking interim or injunctive relief, such action shall be brought exclusively in Bexar County, Texas or if such court does not have jurisdiction, solely in the United States District Court of the Western District of Texas.
(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(E) Either of us may bring qualifying claims in small claims court. Furthermore, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the classwide dispute must be brought in court.
(F) In lieu of arbitration, you may elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, EITHER TO JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR ENTITY, NOR MAY THE ARBITRATOR OR COURT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ANY RELIEF AWARDED SHALL BE LIMITED TO THE INDIVIDUAL PARTIES TO THE ARBITRATION OR PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Platform or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Platform generally, unique aspects of our Platform or your Account type, or both, as well as any other Account documents or requirements provided via the Platform (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting on the Platform. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Platform following any modification of these Terms of Use, or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Platform and, if applicable, terminate your Account.
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect.
(C) Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.
(D) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
(E) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
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