Next Chapter Living Terms of Service

1. About These Terms and How You Agree

1.1 Who we are. Next Chapter Living, Inc. is a Delaware corporation based in Minnesota. It was formerly named Next Chapter Living, LLC. You can reach us at support@nextchapterliving.com.

1.2 Who these Terms apply to. These Terms apply to everyone who uses the site, including families, friends and professionals who look for senior living for someone else. If you act for a senior living community, Section 13 also applies to you.

1.3 How you agree. You accept these Terms when you create an account, or when you tap or click a button that sends a request, such as a message, tour request or waitlist request, next to a notice saying that doing so means you agree to these Terms. If you do not agree to these Terms, do not create an account or send a request through the site. The rules in Sections 10 and 16 also apply to anyone who visits or accesses the site, to the extent the law allows.

1.4 Eligibility. You must be at least 18 years old and able to form a binding contract to create an account or send a request. The site is intended for people in the United States.

1.5 Using the site for someone else. Many people use the site for a parent, spouse, relative, friend or client. If you share information about another person, including their care needs, you confirm that you have their permission or the legal authority to share it for the purpose of finding and contacting senior living communities. If you accept these Terms for another person, you confirm that you have the authority to do so.

1.6 Your contact information. You confirm that each phone number and email address you give us is yours or one you have permission to use, and that you are the subscriber or regular user of any phone number you give us or have that person’s permission. If a number you gave us is disconnected or reassigned, please tell us.

1.7 Electronic records. You agree that we may give you these Terms, notices and other records electronically, by email or by posting them on the site, and that your electronic acceptance has the same effect as a signature. You can print or save these Terms at any time.

1.8 Changes to these Terms. We may update these Terms. We will post each new version with a new effective date. Before a change that materially affects your rights takes effect, we will give at least 30 days’ notice by email to account holders and by a notice on the site. You will see the current Terms the next time you send a request. A change applies only from its effective date and never to a dispute about events that happened before then. Section 20.12 explains your right to reject changes to the arbitration agreement.

1.9 Privacy. Our Privacy Policy explains how we collect, use and share personal information, and our Consumer Health Data Privacy Policy explains how we handle consumer health data, including under Washington, Nevada and Connecticut law. They describe our practices, they do not replace any separate consent the law requires, and they are not part of these Terms.

2. What Next Chapter Living Is and Is Not

2.1 A directory and advertising platform. Next Chapter Living publishes a directory of senior living communities and related care providers (“communities”), with information from public records, from communities and from other sources, and communities that participate advertise through it. You can search the directory, review a profile, choose a community yourself and contact it by calling the number on its profile, sending a message, requesting a tour or joining a waitlist. You decide which communities to contact and when. We do not choose a community for you, and we do not pass your request to competing communities.

2.2 What we do not do. We are an advertising platform and directory, and we do not act as a referral, placement or elder placement agency. We do not take an intake, assess anyone’s care needs, advise on placement, match you with communities, recommend or choose communities for you, negotiate prices or terms, accompany tours, arrange or decide admissions, or provide housing, care, medical services or transportation. We are not your agent, advisor, representative or broker, and we are not the agent of any community. We do not take part in any community’s decisions about you. Our search tools, including our AI search assistant, are designed to show listings that match what you search for, not to assess needs or recommend a community.

2.3 Our relationship with communities. Next Chapter Living does not own, operate or manage any community we list and does not hold an ownership or management interest in one. If that ever changes, we will say so on that community’s profile.

2.4 No endorsement. A listing, profile, rating, review, label or paid spot on the site is not an endorsement, recommendation, certification or guarantee of any community by Next Chapter Living.

Our directory may not include every community near you, and the information about a community may be incomplete.

2.5 Features that use artificial intelligence. Some features, such as our search assistant, use artificial intelligence. They are automated tools, not people, and we do not use them to make decisions about you. AI answers can be wrong, incomplete or out of date. They are general information, not advice, and not our endorsement of any community. Confirm important details with the community or its licensing agency. Please do not enter anything you do not want to share, such as a person’s full name or health details, into an AI feature.

2.6 Not professional advice. Information on the site is general information to help you research senior living. It is not medical, legal, financial, tax or care planning advice. Talk with qualified professionals about your situation.

2.7 Emergencies and concerns about care. The site is not monitored for emergencies. In an emergency, call 911. If you believe an older or vulnerable adult is being abused, neglected or exploited, contact your state’s adult protective services agency. For concerns about care in a licensed community, contact the state licensing agency or the long term care ombudsman. The federal Eldercare Locator at https://eldercare.acl.gov can connect you with local services for older adults. The National Adult Protective Services Association lists adult protective services agencies by state at https://www.napsa-now.org/help-in-your-area/, and the National Consumer Voice lists long term care ombudsman programs by state at https://theconsumervoice.org/get-help/.

3. How We Are Paid

3.1 Free to families. Our service is free to you. We do not charge you to search, compare, call, message, request tours, join waitlists or create an account. If we ever offer an optional paid feature to families, we will show you the price and ask for your agreement before you are charged.

3.2 Communities pay us. Participating communities pay Next Chapter Living for advertising and connection services under separate agreements. That is how we keep the service free for families.

We also list communities that do not pay us.

3.3 What payment does not change.

• • We never charge a community a commission, a move in fee or a percentage of rent or care charges.
• • What a community pays us does not depend on whether you move in or how long anyone stays.
• • We do not change what you see based on how you would pay for care, including Medicare, Medicaid or private funds, unless you choose a filter for the payment sources a community accepts.
• • No community can pay us to change its public record information or its reviews.
• • We do not give you gifts, rewards or anything else of value to contact or choose a community.

3.4 Labeled advertising. Communities that pay us may receive enhanced profiles and may appear in paid spots, such as near the top of search results. We label paid spots and paid profiles so you can tell them apart from the rest of the directory. A paid spot or profile is advertising. It is not our endorsement or a measure of quality.

3.5 Community names and images. Community names, logos and photos belong to their owners.

Showing them on the site or in our advertising does not mean a community endorses or is affiliated with Next Chapter Living, and we never present ourselves as a community.

4. Communities Are Independent Businesses

4.1 Their services and decisions. Communities are independent businesses. They are not our agents, employees or partners. Each community is solely responsible for its housing, care, services, staffing, licensing, regulatory compliance, admissions, pricing, contracts, availability and dealings with you, before and after any move in. We do not supervise or control communities, inspect them, screen their staff or confirm that they follow the law, beyond displaying the public record information described in Section 5.

4.2 Information communities provide. Communities are responsible for the descriptions, photos, prices, availability, amenities, care services and other content they provide (“community content”).

We do not verify community content and cannot promise that it is accurate, complete or current.

4.3 Confirm details directly. Prices, availability, services, payment sources accepted and other details can change and may differ from what the site shows. Before you decide, confirm everything important directly with the community, including its license status, which you can also check with the licensing agency.

4.4 Tours and visits. Communities schedule and run their own tours and visits. A tour request asks the community to contact you to confirm a time, and it is not a confirmed appointment until the community confirms it. We do not attend, supervise or inspect tours or visits, and we are not responsible for what happens at a community, except to the extent caused by our own negligence.

4.5 Your agreements with communities. Any residency, admission, care or other agreement you make with a community is between you and that community. Next Chapter Living is not a party to it.

5. Public Records and Neighborhood Information

5.1 Profiles we compile. To make the directory complete, we publish profiles of communities that have not joined or claimed a listing with us. We compile those profiles from public sources, such as state and federal licensing, inspection, complaint and enforcement records, and from other publicly available information. A community with an unclaimed profile is not our customer and has not reviewed its profile.

5.2 Public record information. Public record information comes from the government agency that published it, as of the date we obtained it. Agency records can lag, contain errors or change, and we may summarize them. The agency’s official record controls. Where we can, we name the source and link to it.

5.3 Neighborhood information. We may show neighborhood information, such as walkability, transit, crime statistics and distances to hospitals, from third party providers. It follows their methods and update schedules, and we do not check it. We show crime and similar statistics as numbers from the named source, and we do not describe any area as safe or unsafe.

5.4 Corrections. If you believe public record information on the site is wrong or out of date, email support@nextchapterliving.com with the subject “Correction Request,” the page link, the item, and a link to or copy of the agency record. We will compare it with the agency’s record and correct any error we made in copying or summarizing it. If you disagree with the agency’s finding itself, please raise it with the agency. We may note that a finding is disputed, has been appealed or was later changed. We aim to respond within 10 business days. We do not remove accurate public records on request, and no one can pay us to change them.

5.5 Our sources. Appendix A lists principal public sources we use. It is for information only, is not complete, and may be updated at any time without changing these Terms.

6. Contacting Communities Through the Site

6.1 You choose the community, and your request goes only to it. When you send a message, request a tour or join a waitlist from a community’s profile, you start that contact and direct us to send it to the community you chose. We send that community your name, phone number, email address and the details of your request so it can respond, and we do so only when you ask, each time. If the site lets you continue a conversation with a community, each message you send goes only to that community. We do not send your request to any other community. Our Privacy Policy explains what else we keep and which companies help us run the service.

6.2 How communities contact you. By sending a request, you ask the community you chose to respond to you by phone, text message or email at the contact information you gave. Each community decides how to contact you and is responsible for following the law when it does, including getting any consent the law requires for its own calls, texts and emails. Except for the confirmation codes you ask us to send under Section 7, nothing in these Terms, and nothing you do on the site, is consent for any community or for us to call or text you using an autodialer or an artificial, prerecorded or AI generated voice, or to send you marketing text messages. Confirming your phone number with a code is not that kind of consent.

6.3 Asking communities to stop. You can tell a community directly to stop contacting you. You can also email support@nextchapterliving.com with the subject “Stop Contact.” We will then stop sending your information to communities, except for a new request you choose to send or a call you make, and within 10 days we will tell every community that received your information from us to stop contacting you. On request, we will tell you which communities received your information from us.

6.4 Messages from us. We may email you about requests you send, such as a confirmation, tour details or a reply from a community. We text you only to send the codes you ask for under Section 7.

If a community asks us whether a call or request came from you, we may contact you once, by a call that a person dials or by email, to ask. We identify ourselves, we do not record that call, ask about health or market anything to you, and you do not have to respond. If we send you marketing emails, each one will include a way to unsubscribe, and we will honor your request within 10 business days.

We do not currently send marketing text messages, and we will ask for your separate consent before we do.

7. Phone Confirmation Codes

7.1 How codes work. Before we send a message, tour request or waitlist request, we confirm your phone number with a one time code. We send it by text message or, where available, by automated voice call, for example if your number cannot receive texts or you ask us to call. By entering your number and continuing, you ask us to send the code to that number. We send a code only when you ask for one. If you confirmed your number on the same device within the last 30 days, we may not ask for a new code.

7.2 Rates and help. Message and data rates may apply. Reply HELP for help, or email support@nextchapterliving.com. Reply STOP to stop texts from us to that number; we will not text it again unless you ask for a new code. Carriers are not responsible for delayed or undelivered messages.

7.3 No marketing. Codes are not marketing messages. Text message opt in data and consent are not shared with third parties or affiliates for marketing or promotional purposes. We share them only with the providers that deliver our text messages, or as needed to prove consent. This does not change what we send to a community at your request under Section 6.

8. Calls to Community Phone Numbers

8.1 Tracking numbers. A phone number on a community’s profile or in our ads may be a number we provide that connects you to the community you chose. If you tap a call button in a search ad, the ad company may first route your call through its own forwarding number, and it handles that step under its own terms and privacy policy. We keep a record of each call to our numbers, such as the number that called, the community called, the date, time and length of the call and how it ended. Our phone provider may also give us the caller ID name and caller type registered to the calling number and call authentication information from the phone network. These are signals from phone company records, not proof of who called or why.

8.2 No recording. We do not record, transcribe or listen to calls to these numbers, or our calls under Section 6.4. We share the calling number, any caller ID name we looked up and the call details with the community you called. A caller ID name may be missing, out of date or another person’s name.

Communities run their own phone systems and may have their own practices, such as recording calls on their own lines, so ask the community about its practices.

8.3 More information. Section 9 of our Privacy Policy explains how we use, share, keep and protect call records.

9. Accounts and Acceptable Use

9.1 Accounts. Some features need an account. Give accurate information, keep your login details private and tell us right away about any unauthorized use. You are responsible for activity in your account. You can ask us to close your account at any time by emailing support@nextchapterliving.com.

9.2 Acceptable use. You agree not to:

• • break any law, or use the site for an unlawful or discriminatory purpose;
• • send a false request, or a request about another person without their permission or legal authority;
• • impersonate anyone, or misstate your relationship with any person or community;
• • harass, threaten, defraud or harm anyone;
• • send advertising, sales pitches or other solicitations to communities through the site;
• • post content that infringes anyone’s rights or that is unlawful, defamatory, obscene or discriminatory;
• • upload viruses or other harmful code, or interfere with the site, its security or other users;
• • probe, scan or test the site’s security, or get around any security measure, rate limit or access control; or
• • use the site in any way that Section 10 does not allow.

9.3 Our enforcement. We may monitor the site for misuse, remove content, and limit, suspend or end anyone’s access if we reasonably believe they broke these Terms or the law, or if we need to protect the site, our users, communities or the public.

10. Automated Access, Scraping and AI Training

10.1 What is not allowed. Unless we agree in writing, you may not:

• • use any robot, scraper, crawler, spider, AI agent or other automated means to access, collect or copy content from the site, except as Section 10.2 allows;
• • get around any rate limit, CAPTCHA, login or other technical measure;
• • copy our text, data compilations, methods, or the selection and arrangement of our directory, to build or improve a competing directory, dataset or service;
• • use our content, as Section 10.3 describes it, to train or fine tune any artificial intelligence model, or to build a dataset for that purpose; or
• • frame or mirror the site, or remove any notice of ownership.

10.2 Search engines and AI search services. We allow general search engines and AI search services that follow our robots.txt file to crawl the site in order to index it and to show, summarize and link to our pages in search results or answers. This permission does not cover training or fine tuning AI models or building datasets, and we may change or withdraw it at any time, including through our robots.txt file. Our robots.txt file is part of these rules.

10.3 Public records stay public. Government records remain public, and you may get them from the agencies that publish them. These rules protect our own work, including our text, data compilations, methods and the way we select and arrange information.

10.4 Who these rules apply to. These rules apply to anyone who accesses the site, whether or not they have an account. We may block automated access and take legal action, including asking a court for an injunction, to enforce them.

11. Reviews and Other Content You Post

11.1 Scope. This Section applies if and when the site lets you post reviews, ratings, questions, answers, photos or other content (“your content”).

11.2 Your rights and our license. You keep ownership of your content. You give Next Chapter Living a nonexclusive, worldwide, royalty free license to host, store, copy, display, format, distribute and excerpt your content on the site and in materials that promote the site, to let communities and other users view it, and to let our service providers do these things for us. The license lasts while your content is on the site and for a reasonable time afterward for backups and records.

11.3 Your promises about reviews. When you post a review, you promise that:

• • it describes your own experience with the community, or the experience of a family member or person you helped;
• • it is accurate to the best of your knowledge;
• • you tell readers if you work for, own or are related to the community or a competitor, or if anyone gave you anything for the review;
• • no one paid or rewarded you for a review that had to be positive or negative; and
• • it is not a fake review, including one generated by artificial intelligence or written by someone who did not have the experience.

11.4 How we moderate. We may decline to publish, or may remove, content that: contains personal information, health information or images of another person; contains confidential information or trade secrets; is defamatory, harassing, abusive, obscene, vulgar or sexually explicit; is discriminatory based on race, color, religion, sex, sexual orientation, gender identity, disability, familial status, national origin or another characteristic protected by law; is clearly false or misleading; is unrelated to the community’s housing, care or services; comes from someone with an undisclosed connection to the community or a competitor; we reasonably believe is fake; or must be removed by law. We apply these rules the same way to positive and negative reviews. We do not remove or hide a review because a community pays us or asks us to. We are not required to monitor content and do not promise to remove any.

11.5 Responses by communities. Communities may respond publicly to reviews of their own profile. Responses are labeled, must follow these Terms, and must not include health or other private information about any resident or family or threaten anyone.

11.6 Responsibility for content. Your content and community content reflect the views of the people who provide them, not Next Chapter Living. Under 47 U.S.C. 230, we are not the publisher or speaker of content that others provide.

11.7 Your right to share your experience. Nothing in these Terms limits your right to post or talk about your experience with any community, or with us, anywhere else, and we will not penalize you for doing so.

11.8 Removal requests for intimate images. We do not allow intimate images on the site. If you believe the site shows an intimate image of you, or of someone you are authorized to act for, that was shared without consent, email support@nextchapterliving.com with the subject “Removal Request,” the page link and enough information for us to find the image. You do not need an account. We will remove an image that qualifies, and any copies we can find, within 48 hours after we receive a valid request.

12. Fair Housing

12.1 Our commitment. Next Chapter Living supports the federal Fair Housing Act and state and local fair housing laws, including the Minnesota Human Rights Act. We do not publish listings or ads that state a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, gender identity, disability, familial status, national origin or any other characteristic protected by law, including public assistance status where state law protects it.

12.2 Search filters. Our search filters describe communities: the care and services they offer, license type, price, payment sources accepted, location and accessibility features. We do not offer filters, sorting or questions based on any protected characteristic.

12.3 Listing content. Communities are responsible for their listings and their decisions. We may edit or remove listing content that states an unlawful preference or limitation, such as “no wheelchairs,” “must be ambulatory,” “must be able to live independently” or “adults only.” A community may describe accurately and neutrally a limit on care that its license or the law requires.

We describe a community as housing for people 55 or older, or 62 or older, only when the community certifies in writing that it qualifies.

12.4 Our advertising. Our advertising for communities is directed to the general public. We do not use any protected characteristic, or a close stand in for one, to decide who sees it. Choosing words that describe a community’s housing, care, services or location is not using a protected characteristic.

12.5 Reporting a concern. If you believe a listing or ad on the site is discriminatory, email support@nextchapterliving.com with the subject “Fair Housing.” You may also contact the U.S.

Department of Housing and Urban Development at https://www.hud.gov/fairhousing/fileacomplaint, or your state or local fair housing agency.

Equal Housing Opportunity.

13. Information for Communities

13.1 Program terms. If you use the site for a community, for example by claiming or managing a profile, using a community dashboard or enrolling in a paid program, the separate terms you accept for that program also apply. If those terms conflict with these Terms, those terms control for that community. Section 20 does not apply to disputes between Next Chapter Living and a community or a person acting for a community. Those disputes are governed by the program terms or, if there are none, by Section 21.

13.2 Authority. If you act for a community, you confirm that you are authorized to bind it, and the community is responsible for your use of the site.

13.3 Information about families. You may use information you receive through the site about a family or prospective resident only to respond to that family’s request, and you must handle it as the program terms and the law require. Do not sell it, share it with another community, or use it after the family asks you to stop contacting them.

13.4 Reviews. Communities may not write, post or pay for reviews of themselves or of competitors, offer anything for a review that depends on whether it is positive or negative, or ask only satisfied residents or families to post reviews.

13.5 Content rights. You confirm that your community has the right to provide every photo, logo, description and other item of content it gives us, and that the content is accurate.

14. Privacy

Our Privacy Policy explains how we handle personal information, including requests, call records, caller ID names and phone confirmation records. Our Consumer Health Data Privacy Policy explains how we handle consumer health data, including under Washington, Nevada and Connecticut law.

Neither one is part of these Terms.

15. Third Party Services and Links

The site may link to or use services from other companies, such as maps, analytics, neighborhood data, phone and text services, and government websites. We do not control them and are not responsible for them, and a link is not an endorsement. Their own terms and privacy policies apply.

16. Intellectual Property and Copyright Complaints

16.1 Our content. The site, including its design, text, graphics, logos, software, data compilations, methods and the selection and arrangement of our directory, belongs to Next Chapter Living or its licensors and is protected by copyright, trademark and other laws. Government records we display remain public, and these Terms do not claim ownership of them.

16.2 Your license to use the site. We give you a limited, personal, nonexclusive, nontransferable and revocable license to use the site for your own noncommercial research about senior living or, if you are a professional, to help your clients with theirs, as these Terms allow. We reserve all other rights.

16.3 Trademarks. Next Chapter Living and our logos are our trademarks. You may not use them without our written permission, except to refer to us accurately.

16.4 Copyright complaints. If you believe content on the site infringes your copyright, send a written notice to our copyright agent that includes:

• • your physical or electronic signature;
• • the copyrighted work you believe is infringed;
• • the material you believe is infringing and where it appears on the site, including its link;
• • your name, mailing address, phone number and email address;
• • a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and
• • a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act for the owner.

Our copyright agent is: Copyright Agent, Next Chapter Living, Inc., support@nextchapterliving.com, with the subject “Copyright Notice.” You may also mail a notice to our copyright agent in care of our registered agent, as listed with the Delaware Division of Corporations.

16.5 Counter notices. If we remove material you posted because of a copyright notice and you believe it was removed by mistake or misidentification, you may send our copyright agent a counter notice that includes: your physical or electronic signature; the material removed and where it appeared before removal; a statement under penalty of perjury that you believe in good faith the material was removed by mistake or misidentification; your name, address and phone number; and a statement that you consent to the jurisdiction of the federal district court for your address, or if your address is outside the United States, any judicial district in which we may be found, and that you will accept service of process from the person who sent the original notice or that person’s agent. We may restore the material 10 to 14 business days after we receive a valid counter notice unless the person who sent the original notice tells us that they have filed a court action. Send counter notices to the copyright agent named in Section 16.4, with the subject “Copyright Counter Notice.”

16.6 Repeat infringers. In appropriate circumstances, we will end the accounts of users who repeatedly infringe copyrights.

17. Disclaimers

To the fullest extent the law allows, the site and all content, information and services on it are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and noninfringement. We do not promise that the site will be uninterrupted, secure or free of errors, that any information on it, including community content, public record information, ratings, prices or availability, is accurate, complete or current, or that any community will meet your needs. Nothing in this Section limits any warranty or right that the law does not allow us to disclaim.

18. Limitation of Liability

To the fullest extent the law allows: (a) Next Chapter Living and its officers, directors, employees and agents are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from or related to the site, these Terms or your dealings with any community, even if we were told such damages were possible; and (b) our total liability to you for all claims arising from or related to the site or these Terms is $100.

These limits do not apply to death or bodily injury caused by our negligence, to our fraud, gross negligence or willful misconduct, or to any liability the law does not allow us to limit.

19. Claims Caused by You

If someone makes a claim against Next Chapter Living because of content you posted, or because you knowingly broke these Terms or the law, you will pay our reasonable costs, including reasonable attorneys’ fees, and any damages that result, to the extent the law allows. This Section does not apply to the extent a claim is caused by our own conduct. We will tell you promptly about any claim this Section covers.

20. Dispute Resolution and Arbitration

Please read this Section carefully. It affects your legal rights.

20.1 Who and what this covers. This Section applies to you if you use the site other than for a community. A “Dispute” is any dispute, claim or controversy between you and Next Chapter Living about the site, these Terms, our communications with you or our handling of your information, under any legal theory, including a dispute about events before you first accepted these Terms, except as Section 20.12 provides for changes. A Dispute does not include: a lawsuit already filed when you first accepted these Terms; a dispute between Next Chapter Living and a community or a person acting for one; a claim in small claims court under Section 20.3; or a request for a court order under Section 20.4.

20.2 Try to resolve it first. Before starting an arbitration or a court case, the person with the Dispute must send the other a written notice that describes the Dispute and the relief requested, and that is signed by that person and by their lawyer, if they have one. Send your notice to support@nextchapterliving.com with the subject “Legal Notice,” or by mail to our registered agent, as listed with the Delaware Division of Corporations. We will send ours to the email or mailing address we have for you. For 30 days after the notice is received, we will both try in good faith to resolve the Dispute, including by a phone or video call if either of us asks. Deadlines to bring the Dispute, including statutes of limitations, are paused during those 30 days. A court may enforce this requirement.

20.3 Small claims court. Either of us may bring an individual claim in small claims court in the county where you live, or in Hennepin County, Minnesota, if the claim qualifies and stays there.

20.4 Court orders to stop misuse. Either of us may ask a court for an injunction or other order to stop the infringement or misuse of intellectual property, scraping or other unauthorized access to the site, or a threat to the site’s security.

20.5 Agreement to arbitrate. You and Next Chapter Living agree to resolve every Dispute by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), as this Section modifies them. The Federal Arbitration Act governs this Section. The AAA Rules are available at https://www.adr.org. A single arbitrator decides each Dispute. In arbitration there is no judge or jury, and a court’s review of the result is limited, but the arbitrator can award the same individual relief a court could, including damages, statutory damages and attorneys’ fees where the law allows them.

20.6 Who decides what. The arbitrator decides questions about the scope, interpretation, applicability and enforceability of this Section, except that a court decides whether an agreement to arbitrate was formed and any question about the enforceability of Sections 20.9 and 20.10.

20.7 Fees and hearings. The AAA Rules and the AAA’s consumer fee schedule decide the filing, administration and arbitrator fees, and they limit what you pay. We will pay all other AAA and arbitrator fees. If you show that your share of the costs of arbitration would be too high compared with the cost of going to court, we will pay as much of it as the arbitrator decides is needed to make arbitration affordable for you. Each of us pays our own lawyers’ fees unless the law or the arbitrator awards them. We will not ask the arbitrator to make you pay our attorneys’ fees unless the arbitrator finds that your claim was frivolous or brought for an improper purpose. Any hearing will be held in the county where you live or by video or phone. For claims of $25,000 or less, you may choose whether the hearing is by documents only, by phone or video, or in person.

20.8 Mass filings. If 25 or more demands for arbitration raising similar claims are filed against or by Next Chapter Living by the same or coordinated lawyers or organizations, the AAA’s Mass Arbitration Supplementary Rules and mass arbitration fee schedule apply to those demands.

20.9 Individual claims only. You and Next Chapter Living each agree to bring Disputes only on an individual basis, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person’s claims, may not preside over any class, collective or representative proceeding, and may award relief only to the individual party asking for it and only as needed for that party’s individual claim. If a court finally decides that this Section 20.9 cannot be enforced as to a particular claim or request for relief, that claim or request, and only that one, will be separated and decided in court under Section 21 after the arbitration of all other claims is finished, and the rest of this Section still applies. This Section never allows class arbitration.

20.10 Public injunctive relief. If you ask for public injunctive relief, meaning an injunction whose main purpose and effect is to stop unlawful acts that threaten future injury to the general public, and a court decides that the law does not allow that request to be waived or arbitrated, the request will be decided by a court under Section 21 after the arbitration of your individual claims is finished, and the court case will be paused until then.

20.11 Opting out. You may opt out of this Section 20 by emailing support@nextchapterliving.com within 30 days after you first accept these Terms, with the subject “Arbitration Opt Out,” your name, the email address or phone number you used with us, and a statement that you opt out of arbitration.

You may also mail your opt out to our registered agent, as listed with the Delaware Division of Corporations. Opting out does not affect any other part of these Terms, and it applies to later versions of these Terms too. If you opted out of arbitration under an earlier version of these Terms, that opt out still applies. If you accepted an earlier version and did not opt out, you may opt out of this version within 30 days after you first accept it. If you opt out, Section 21 governs where Disputes are heard.

20.12 Changes to this Section. If we change this Section after you accept it, the change will not apply to any Dispute about events before the change took effect or to any Dispute already pending in arbitration or court. You may also reject the change by emailing support@nextchapterliving.com with the subject “Arbitration Change” within 30 days after it takes effect. If you do, the version of this Section you last accepted continues to apply to you.

20.13 If this Section cannot be enforced. Except as Sections 20.9 and 20.10 provide, if a court decides that this Section 20 cannot be enforced as to a Dispute, that Dispute will be decided in court under Section 21. This Section 20 continues to apply after your use of the site ends.

21. Governing Law and Where Claims Are Heard

21.1 Governing law. Minnesota law governs these Terms and any dispute about their meaning or enforcement, without regard to conflict of laws rules, and the Federal Arbitration Act governs Section 20. If you use the site for personal, family or household purposes, this choice of law does not take away any protection that the law of the state where you live gives you and does not allow you to give up by agreement, to the extent that law applies.

21.2 Where claims are heard. Any dispute between you and Next Chapter Living that is not arbitrated, including a dispute under Section 13.1, will be heard only in the state courts in Hennepin County, Minnesota, or the United States District Court for the District of Minnesota, and you and we consent to those courts. If you use the site for personal, family or household purposes, you may instead bring your claim in the state court for the county where you live or the federal court for the district where you live, and we will sue you only there, except for a request under Section 20.4.

Either of us may use small claims court.

22. Your Choices and State Notices

22.1 Your choices. You may stop using the site at any time at no cost, including our use of your information to contact communities for you, as Section 6.3 explains. We do not charge you for our service, and you are never required to work only with us. You may ask which communities received your information from us. You may also contact the consumer protection office of your state attorney general.

22.2 State notices. We are an advertising platform and directory, and we do not act as a referral or placement agency. Some states regulate businesses that connect older adults with housing or care.

If a state’s law requires us to give you a notice, or to ask you to acknowledge one, before we share your request, we will do that first, and that notice becomes part of these Terms for you. If a law that applies to our service in your state does not allow a provision of these Terms, that provision does not apply to you to that extent.

22.3 New Jersey residents. If you live in New Jersey, Sections 17 (Disclaimers), 18 (Limitation of Liability) and 19 (Claims Caused by You) apply to you only to the extent New Jersey law allows, and nothing in them limits your rights under New Jersey law for our gross negligence, willful misconduct or violation of a New Jersey statute. All other Sections apply as written.

22.4 California residents. Our service is free to families. You may contact us as Section 24 describes. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at 800 952 5210.

23. General Terms

23.1 Ending use. You may stop using the site and close your account at any time. We may suspend or end your access, or close your account, if you break these Terms, if we must for legal reasons, or to protect the site, our users, communities or the public. We may also stop offering the site or any feature.

23.2 Survival. Sections 1.5, 1.6, 2, 4, 5, 6.2, 6.3, 10, 11.2, 11.6, 11.7, 13.3, 16 through 21, 22.2, 22.3, 22.4 and 23 continue to apply after your use of the site ends.

23.3 Changes to the site and beta features. We may add, change or remove features at any time.

Some features may be labeled beta or preview and may not work as expected.

23.4 Feedback. If you send us ideas or suggestions about the site, you give us a nonexclusive, perpetual, worldwide, royalty free license to use them for any purpose without paying you. This does not apply to reviews, which Section 11 governs.

23.5 Entire agreement. These Terms and any state notice we give you under Section 22.2 are the entire agreement between you and Next Chapter Living about the site. For communities, Section 13.1 also applies.

23.6 Severability. If a court decides that any part of these Terms cannot be enforced, that part will be enforced to the greatest extent the law allows and the rest of these Terms stays in effect, except as Section 20 provides.

23.7 No waiver. If we do not enforce a provision, we may still enforce it later.

23.8 Assignment. You may not transfer these Terms without our written consent. We may transfer them in a merger, acquisition, reorganization or sale of assets, or by operation of law.

23.9 Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of phone or internet services, natural disasters, war, labor disputes or government action.

23.10 No third party beneficiaries. No community or other person may enforce these Terms, except that our officers, directors, employees and agents may rely on Section 18.

23.11 Notices. We may give you notices by email to the address you gave us or by posting them on the site. Send legal notices to us at support@nextchapterliving.com with the subject “Legal Notice” and, if you can, also by mail to our registered agent, as listed with the Delaware Division of Corporations.

23.12 Interpretation. “Including” means “including without limitation.” Headings are for convenience only.

23.13 Our former name. Next Chapter Living, Inc. was formerly named Next Chapter Living, LLC. The change of name and form did not change any agreement between you and us.

23.14 Accessibility. We want the site to work for everyone, including people with disabilities. We aim to meet the Web Content Accessibility Guidelines (WCAG) 2.2, Level AA, and we keep working toward it. If you have trouble using any part of the site, email support@nextchapterliving.com with the subject “Accessibility.” We aim to respond within 5 business days, and we will help you get the information you need or send your request another way.

24. Contact Us

• • Next Chapter Living, Inc.
• • Email: support@nextchapterliving.com
• • Legal notices by mail: in care of our registered agent, as listed with the Delaware Division of Corporations
• • Website: https://nextchapterliving.com

To help your email reach the right place, please use one of these subject lines: “Stop Contact,” “Correction Request,” “Fair Housing,” “Accessibility,” “Removal Request,” “Copyright Notice,” “Copyright Counter Notice,” “Arbitration Opt Out,” “Arbitration Change” or “Legal Notice.” For privacy requests, see our Privacy Policy.

Appendix A. Principal Public Data Sources

This Appendix lists principal government sources we use to compile public record information. It is for information only, is not a complete list, and may change at any time without changing these Terms. Each agency owns its own records and names, the agency’s record controls, and listing an agency here does not mean it endorses Next Chapter Living. Profiles may also name the source of the information they show.

Federal

• • Centers for Medicare and Medicaid Services, Care Compare nursing home provider information: https://data.cms.gov/provider-data/dataset/4pq5-n9py

Minnesota

• • Minnesota Department of Health, Health Care Provider Directory (Provider Select): https://www.health.state.mn.us/facilities/regulation/directory/providerselect.html
• • Minnesota Department of Human Services, Assisted Living Report Card: https://alreportcard.dhs.mn.gov

Wisconsin

• • Wisconsin Department of Health Services, assisted living directories and glossary: https://www.dhs.wisconsin.gov/guide/assisted-living.htm and https://www.dhs.wisconsin.gov/guide/glossary.htm

North Dakota

• • North Dakota Health and Human Services, assisted living facility list: https://www.hhs.nd.gov/sites/www/files/documents/al_facility_list.pdf

South Dakota

• • South Dakota Department of Health, license verification: https://www.sdhls.org/verify/
• • South Dakota Department of Health, assisted living center survey reports: https://doh.sd.gov/health-data-reports/health-facility-survey-reports/assisted-living-center-reports/

Iowa

• • Iowa Department of Inspections, Appeals, and Licensing, health facilities portal, including assessed fines: https://dia-hfd.iowa.gov

Illinois

• • Illinois Department of Public Health, assisted living and shared housing establishments: https://dph.illinois.gov/topics-services/health-care-regulation/assisted-living.html
• • Illinois Department of Public Health, nursing home violator quarterly reports: https://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/violator-quarterly-reports.html

Missouri

• • Missouri Department of Health and Senior Services, long term care licensure and certification: https://health.mo.gov/seniors/nursinghomes/licensecert.php
• • Missouri Department of Health and Senior Services, Show Me Long Term Care: https://healthapps.dhss.mo.gov/showmeltc/default.aspx

Kansas

• • Kansas Department for Aging and Disability Services, adult care home search: https://webapps.kdads.ks.gov/prod/f?p=113:901

Nebraska

• • Nebraska Department of Health and Human Services, assisted living facility roster: https://dhhs.ne.gov/licensure/Documents/ALF%20Roster.pdf

Ohio

• • Ohio Department of Aging, Long Term Care Quality Navigator, assisted living: https://aging.ohio.gov/care-and-living/long-term-care-quality-navigator/assisted-living

Indiana

• • Indiana Department of Health, Health Facilities Consumer Reports: https://isdh.maps.arcgis.com/apps/webappviewer/index.html?id=ce9b358f567b49198bcf202133c49da7

Arizona

• • Arizona Department of Health Services, AZ Care Check: https://azcarecheck.azdhs.gov
• • Arizona Department of Health Services, licensing databases: https://www.azdhs.gov/licensing/index.php#databases