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Terms of Use

Effective April 22 2026

PURPLE DOOR FINDERS

Terms of Use

**Section 21 (Dispute Resolution and Arbitration Agreement) of these Terms of Use contains an arbitration agreement and class action waiver that apply to all claims brought against Purple Door. Please read them carefully.
Purple Door Finders Terms of Use
Updated: __________, 2026
Thank you for using Purple Door!
These Terms of Use (“Terms”) are a binding legal agreement between you and Purple Door that governs the right to use the websites (including but not limited to www.purpledoorfinders.com and its subdomains), mobile and web applications, and other offerings provided by Purple Door (collectively, the “Services”). When used in these Terms, “Purple Door,” “we,” “us,” or “our” refers to Purple Door, LLC, a Delaware limited liability company, with whom you are contracting. Please read these Terms carefully. If you do not agree to the Terms, do not use the Services.
Purple Door provides a senior housing marketing and information service that includes resources and assistance in finding senior housing and care. The Services enable users who are local and national senior living communities (each a “Member Community”) to publish information about their communities, and enable all other users of the Services, including but not limited to prospective residents of senior living communities or their family members using the Services on their behalf (collectively, each a “Resident”), to search for, book tours of, and find resources about senior living communities. As used in these Terms, “you” and “your” may refer either to you as a Resident or to you as a Member Community, as applicable. 
To use the Services, you must reside and be located in the United States of America, be of legal age to enter into a binding contract, agree to these Terms, and not be prohibited under these Terms or otherwise by Purple Door from using the Services. If you reside or are located outside of the United States of America, you may not use the Services. If you access these Services on behalf of a Member Community or other entity, you represent you have the authority to bind such Member Community or entity to these Terms, and you agree to these Terms on behalf of such Member Community or entity.
You acknowledge and agree that Purple Door, as the provider of the Services, does not own, control, offer or manage any Member Community or other senior housing listed on the Services, is not a party to the contracts entered into between Residents and Member Communities, and is not acting as an agent in any capacity for any Member Community or Resident.

Table of Contents
1. Changes to the Services and these Terms
2. Your User Account and Security
3. Residents
4. Member Communities
5. No Professional Advice
6. Privacy and Consent to Communications
7. Advertising
8. Consent to Recorded Calls and Automatic Dialing Systems
9. Applications
10. License to Use the Services; Restrictions
11. User Materials
12. Third-Party Services

13. Artificial Intelligence**

14. Intellectual Property
15. Feedback
16. DMCA; Copyright Infringement Notices & Counter-Notices
17. Indemnification
18. No Warranties
19. Limitation of Liability/Exclusive Remedy
20. Governing Law and Venue
21. Dispute Resolution and Arbitration Agreement
22. Term and Termination
23. General
24. Notice to California Residents
25. Contact Information

1. Changes to the Services and these Terms

We work constantly to improve and develop new features to make the Services better for our users. As a result, we may need to update these Terms from time to time to, among other things, accurately reflect our services and practices, improve the user experience, and/or to comply with applicable law. Unless otherwise required by law, we will notify you before we make changes to these Terms or the Member Community Additional Terms (as defined below) and give you an opportunity to review them before they go into effect. Once any updated Terms or Member Community Additional Terms are in effect, you will be bound by them if you continue to access or use the Services.

We hope that you will continue using the Services, but if you do not agree to our updated Terms or Member Community Additional Terms or wish to terminate your agreement to this contract, you can deactivate or delete your account at any time and you must also stop accessing or using the Services.

2. Your User Account and Security

Certain features or functionality of the Services are accessible without an account. Certain other features or functionality of the Services may require you to create an account and provide us with certain basic information about yourself.

When you create an account, you will provide your email address(es) and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for all activity under your account and/or your Credentials and for maintaining the confidentiality and security of any password connected with your account. You must immediately notify us if your password has been stolen or compromised by sending an email to security@purpledoorfinders.com. You promise to provide us with accurate, complete, and updated registration information about yourself. Furthermore, you authorize Purple Door to use and disclose information we collect in accordance with Section 6 (Privacy and Consent to Communications) below and our Privacy Policy.

3. Residents

i. Resident Services

We are dedicated to offering Residents the easiest means to find the best living options for you or your loved ones. Based on your needs and preferences, we provide you with information about Member Communities and, if you request, we forward your information to those Member Communities. The Services are offered at no charge to Residents.

ii. Searching

You can search for Member Communities by using filters to refine your search results like the type of community, type of license, and type of insurance or payment. Search results are based on their relevance to your search and other criteria. Relevance considers factors like availability, saved communities, Resident requirements (e.g., community type), and more.

iii. Becoming a Tenant of a Member Community

While the Services may connect you with a Member Community, any agreement(s) you or your loved one enters into with a Member Community, including but not limited to any tenant agreement(s), is formed directly between you and the Member Community. It is your responsibility to read and understand the terms of any agreement(s) you enter with a Member Community and the Member Community’s rules, standards, policies, and requirements prior to entering into such agreement(s) and agreeing to such rules, standards, policies, and requirements. Purple Door will not be bound by the terms of any lease or other agreement entered between a Resident and Member Community and will not be liable for any breach of such agreement by such Resident or Member Community.

iv. Assumption of Risk

If you are a Resident, you acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to or use of the Services, User Materials (as defined below), or any interaction you or your loved one may have with other Residents or Member Communities whether in person or online. It is your responsibility to investigate each Member Community you or your loved one considers to determine whether it is suitable for you or your loved one, as applicable.

4. Member Communities

i. Profile Pages; Accounts; Member Community Additional Terms

We maintain basic profile pages for local and national senior living communities. Senior living communities may create an account (becoming a Member Community) to access and use additional features and functionality of the Services. Creating an account and certain features or functionality of the Services are provided free of charge. Certain other features or functionality of the Services, including but not limited to access for Member Communities to post and adjust their vacancies, pricing, floor plans, move-in incentives, menus photos, events, calendars, newsletters, and other amenities and services, may require you to pay fees to Purple Door.

Please refer to the Member Community Additional Terms, available at https://purpledoorfinders.com/pages/member-community-terms, for further details. Each Member Community hereby agrees to be bound by the Member Community Additional Terms, which are incorporated herein by reference and form a part of these Terms.

ii. No Endorsement; No Affiliation; Not a Broker

Purple Door exercises no independent judgment as to the quality of, nor does Purple Door recommend or endorse, any Member Community. We provide only information and connection services and all Residents and Member Communities acknowledge and agree that Purple Door does not and is not expected to: (1) help or otherwise participate in placing any Resident or his or her family member in any specific Member Community; (2) perform any assessment, medical or otherwise, of or for any Resident or his or her family member, or of or for any Member Community; or (3) participate in any way in any Resident’s or his or her family member’s or Member Community’s decision regarding final selection or admittance to a Member Community. Further, you acknowledge and agree that Purple Door is not a representative of or agent for any Resident, his or her family member, or any Member Community, and does not act on any of such individual’s or entity’s behalf. It is the responsibility solely of the Member Community and of the Resident or his or her family member (as a potential resident or representative) and/or the Resident’s or his or her family member’s care provider(s) and/or other involved parties acting on their behalf to determine if such Resident or his or her family member, as applicable, is an appropriate admission to any Member Community. Purple Door does not broker, sell, or lease space directly and is not a party to any transaction between any Member Community and any Resident or his or her family member.

5. No Professional Advice

ALL INFORMATION, MATERIALS, CONTENT AND/OR ADVICE PROVIDED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL, FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE, SO PLEASE CONSULT WITH THE APPROPRIATE PROFESSIONAL BEFORE MAKING ANY DECISIONS FOR YOURSELF OR YOUR FAMILY MEMBER. PURPLE DOOR EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE PURPLE DOOR FROM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.

6. Privacy and Consent to Communications

Your privacy is important to us. Our Privacy Policy (available at https://purpledoorfinders.com/pages/privacy-policy) sets out how we collect and use your personal information collected through the Services and in connection with your use of the Services. Please review our Privacy Policy to fully understand how we collect and use personal information. By filling out any forms on the Services, or providing information to us, you expressly consent to being contacted by us and/or Member Communities, as applicable, whether by phone, mobile phone, email, mail, or otherwise. If you use the Services (either for yourself or on behalf of a family member), you authorize us to provide the information that you provided to us and related information we may receive from third parties to Member Communities for the purpose of providing Services. Such authorization shall continue in effect until you have withdrawn your consent by requesting that we no longer provide you Services; provided that we may continue to refer to and/or disclose your information when communicating with a Member Community as necessary for our normal Member Community related business practices (such as Member Community billing matters) until such matters are closed, and as otherwise provided in our Privacy Policy. If you are or act on behalf of a Member Community, you authorize us to provide the information and content you provided to us for the purpose of providing Services to Residents and for any other purpose contemplated herein and under the Privacy Policy. Such authorization shall continue in effect until you have withdrawn your consent by terminating your account and requesting us to remove your senior living community or housing from the Services; provided that we may continue to use and/or disclose your information as necessary for our Member Community related business practices (including but not limited to Member Community billing matters) until such matters are closed.

7. Advertising

You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, Purple Door may serve advertisements based on the information we collect through the Services. See our Privacy Policy for more information.

8. Consent to Recorded Calls and Automatic Dialing Systems

You agree that telephone communications between you and Purple Door may be recorded or monitored for quality assurance, training, or customer service purposes. You expressly consent to Purple Door recording and monitoring these telephone communications.

You also agree to be contacted by Purple Door or Member Communities at the telephone number you have provided. You agree that Purple Door and Member Communities may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number you have provided, even if you previously registered on a Do Not Call registry. However, you do not need to consent to this to use the Services.

9. Applications

To use any mobile or web application feature of the Services (each, an “App”), you must have a compatible device. We do not warrant that any App will be compatible with your device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms will apply to all updated versions of an App. Any third-party software included in an App, including but not limited to open-source software, is subject to the applicable third-party license and may be available directly from the developer. These Terms do not apply to your use of such third-party software.

10. License to Use the Services; Restrictions

i. License Grant

As long as you comply with these Terms and the Member Community Additional Terms, if applicable, and we do not otherwise terminate or suspend your use of the Services, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services for your personal use. Except as expressly stated herein, these Terms do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise. The Services may include software for use in connection with the Services.

ii. Restrictions

You agree not to:

  • reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services;

  • remove or modify any copyright or other intellectual property notices that appear in the Services;

  • use the Services in any way that is unlawful, or harms Purple Door, its service providers, licensors, affiliates, or any other user;

  • use the Services in any way to discriminate against any individual or class of individuals protected under federal, state or local anti-discrimination laws, or which may have an illegal discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal or discriminatory activities or outcomes;

  • use the Services to upload, distribute or print anything that may be harmful to minors;

  • distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;

  • impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;

  • upload invalid data, viruses, worms, or other software agents to the Services;

  • post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;

  • interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;

  • conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services;

  • use any of Purple Door’s trademarks as part of your screen name or email address on the Services;

  • access or use any of the Services to develop competitive products or services; or

  • attempt to, or permit or encourage any third party to, do any of the above.

11. User Materials

Certain portions of the Services may allow users to upload or otherwise provide Purple Door images, photos, video, data, text, listings, logos, trademarks, and other content (collectively, “User Materials”). By uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials you upload or otherwise provide to Purple Door, you represent and warrant that you are the creator or owner of the User Materials, or otherwise have the necessary licenses, rights, consents, and permissions (including but not limited to all permissions required under applicable privacy and intellectual property law) to authorize Purple Door and other users to access and use your User Materials.

Purple Door does not vouch for the accuracy or completeness of any of the User Materials or other information posted by and/or for the Member Communities on the Services, and Purple Door assumes no responsibility or liability for any actions any user may take as a result of reading the User Materials or other information  posted by or for any Member Community on the Services. Except as otherwise set forth herein, we are under no obligation to edit or control your User Materials or the User Materials of any other user and will not be in any way responsible or liable for any User Materials. We may, however, at any time and without prior notice, screen, remove, edit, or block any user content on the Services, including User Materials, that in our sole judgment violates these Terms or we find otherwise objectionable. YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BE EXPOSED TO USER MATERIALS OF OTHER USERS AND ACKNOWLEDGE THAT USER MATERIALS MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE. YOU AGREE TO WAIVE, AND DO WAIVE, ANY LEGAL OR EQUITABLE RIGHT OR REMEDY YOU MAY HAVE AGAINST US WITH RESPECT TO USER MATERIALS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER MATERIALS. If notified by a user or content owner that User Materials allegedly do not conform with these Terms, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice. For more information on our handling of infringing content, please see Section 16 (DMCA; Copyright Infringement Notices & Counter-Notices) below.

12. Third-Party Services

The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). For the avoidance of doubt, Member Communities are Third-Party Providers to Residents or their family members, as applicable. Third-Party Providers are solely responsible for their services. You are responsible for any use of your User Information that is distributed on your behalf by the Services to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, websites, applications, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer your User Information or other information to the applicable third parties, which, again, are not under Purple Door’s control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any kind arising out of or in any way connected with your dealings with these Third-Party Providers.

13. Artificial Intelligence

By using the Services, you may interact with features that use artificial intelligence (“AI”) or automated decision-making technologies. AI-generated content may not always be accurate or appropriate. Like all content and other information on the Services, regardless of whether it's labeled as created by AI, be sure to carefully review before relying on it. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURPLE DOOR WILL NOT BE LIABLE FOR ANY INACCURATE INFORMATION GENERATED BY AI AND DISPLAYED ON THE SERVICES OR SHARED WITH YOU AS PART OF YOUR INTERACTIONS WITH PURPLE DOOR.

14. Intellectual Property

The Services are owned and operated by Purple Door. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Purple Door’s Materials”) are protected by intellectual property and other laws and are the property of Purple Door or Purple Door’s third-party licensors. Except as expressly allowed by these Terms, you may not make use of the Purple Door’s Materials, and Purple Door reserves all rights to the Purple Door’s Materials and Services not granted expressly in these Terms.

15. Feedback

If you choose to provide input and suggestions regarding the Services, including related to any of the Purple Door’s Materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including but not limited to improve the Services or create or improve other products or services.

16. DMCA; Copyright Infringement Notices & Counter-Notices

We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(3) and must provide the following information:

  • A physical or electronic signature of the person authorized to act for the owner of the allegedly infringed right (an electronic signature, including “/s/ Full Name,” is sufficient).

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g., full URL(s))

  • Your contact information reasonably sufficient for us to reach you, such as a name, address, telephone number, and/or email address;

  • A statement that information in the notice is accurate, that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law and, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims can be sent as follows:

Purple Door, LLC
Attn: Copyright Agent
325 S 1st St, Suite 120
San Jose, CA 95113
Phone: (612) PURPLE3 or (612) 787-7533
Email: dmca@purpledoorfinders.com**

We may begin investigating based on email submissions. We will only process notices that satisfy § 512(c)(3).

i. Counter-Notification

If your content was removed or disabled as a result of a notice and you believe the content is not infringing or that you have authorization, you may send a counter-notification pursuant to 17 U.S.C. § 512(g)(3) to the designated agent above. Your counter-notification must include:

  • Your physical or electronic signature;

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

  • A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and

  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your judicial district (or Santa Clara County, California, if your address is outside the United States) and that you will accept service of process from the person who provided the original notice or that person’s agent.

Upon receipt of a valid counter-notification, we may forward it to the original complainant and restore the material within 10–14 business days unless the complainant notifies us that they have filed an action seeking a court order against you. We will only process notices that satisfy § 512(g)(3).

ii. Repeat Infringer Policy; Standard Technical Measures

In appropriate circumstances, we terminate accounts of repeat infringers. We also accommodate and do not interfere with standard technical measures that copyright owners use to identify or protect copyrighted works under § 512(i).

iii. Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly misrepresents that material or activity is infringing (or was removed by mistake or misidentification) may be liable for damages.

If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

17. Indemnification

You agree to indemnify, defend, and hold harmless Purple Door, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. Purple Door reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Purple Door’s defense of that claim.

18. No Warranties

PURPLE DOOR PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURPLE DOOR AND OUR LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. PURPLE DOOR AND OUR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING PURPLE DOOR OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, INCLUDING BUT NOT LIMITED TO ANY MEMBER COMMUNITY, AND ANY MATERIALS, INCLUDING BUT NOT LIMITED TO ALL PURPLE DOOR MATERIALS AND USER MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHER OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

19. Limitation of Liability/Exclusive Remedy

IN NO EVENT WILL PURPLE DOOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY INFORMATION OR MATERIALS ON THE SERVICES, INCLUDING BUT NOT LIMITED TO AI-GENERATED INFORMATION, USER MATERIALS, AND OTHER THIRD PARTY MATERIALS, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF PURPLE DOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURPLE DOOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS, INCLUDING BUT NOT LIMITED TO AI-GENERATED INFORMATION, USER MATERIALS, AND OTHER THIRD PARTY MATERIALS, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY SUCH INFORMATION OR MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR (VII) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF PURPLE DOOR TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO PURPLE DOOR FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

20. Governing Law and Venue

Except as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Purple Door each hereby agree that each submit to the personal and exclusive jurisdiction of the state and federal courts located within the Northern District of California.

21. Dispute Resolution and Arbitration Agreement

PLEASE READ THE FOLLOWING SUBSECTIONS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND PURPLE DOOR AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND PURPLE DOOR THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This arbitration agreement (the “Arbitration Agreement”) supersedes all prior versions.

i. Overview of Dispute Resolution Process

Purple Door is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 21 applies: (1) an informal negotiation directly with Purple Door (described in Section 21(ii) below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Purple Door each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration. To the extent provided by applicable law, and except to the extent that any party to the arbitration seeks to enforce any final award in a court of competent jurisdiction, the arbitration proceedings and any information exchanged during the proceeding shall remain confidential.

ii. Mandatory Pre-Arbitration Dispute Resolution and Notification

At least 30 days prior to a party initiating an arbitration, you and Purple Door each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim. If you are bringing the dispute, you must send your Pre-Dispute Notice to Purple Door by mailing it to Purple Door’s agent for service: 325 S 1st St, Suite 120, San Jose, CA 95113. If Purple Door is bringing the dispute, Purple Door will send its Pre-Dispute Notice to the email address associated with your Purple Door account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Purple Door username, the email address you used to set up your Purple Door account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 21(v), below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand. In addition, you must make any demand for arbitration under the Arbitration Agreement before the expiration of the statute of limitations provided under the laws of the State of California. Otherwise, to the extent permitted by applicable law, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently barred.

iii. Agreement to Arbitrate; Delegation

You and Purple Door mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Services or any User Materials (collectively, “Disputes”) will be settled by binding arbitration on an individual basis. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Purple Door agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Purple Door agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 21, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

iv. Exceptions to Arbitration Agreement

You and Purple Door each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 21): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief; or (iv) any claim or cause of action for vexatious litigation. You and Purple Door agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

v. Arbitration Forum Rules and Governing Law

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and the AAA’s Consumer Arbitration Rules then in effect (the “AAA Rules”), except as modified here. The AAA Rules are available at www.adr.org. Immediately after submitting an arbitration demand to the appropriate arbitration provider as identified above, you must send a copy of the demand to Purple Door by mailing it to Purple Door’s agent for service: 325 S 1st St, Suite 120, San Jose, CA 95113. Purple Door does not agree to and will not accept service in any other format, on any other entity, or at any other physical address, via email or via other digital submission. If the AAA cannot and will not administer the arbitration, you and Purple Door shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Purple Door may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

vi. Modification of Arbitration Rules - Arbitration Hearing/Location

In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in Santa Clara County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $50,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.

vii. Modification of Arbitration Rules - Arbitration Fees and Costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the rules and service fee schedule of the arbitration provider administering the arbitration. The ADR Rules and the ADR Services fee schedule are available at www.adrservices.com and the AAA Rules and AAA Services fee schedule are available at www.adr.org. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Purple Door with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Purple Door will pay your share of any arbitrator fees.

viii. Modification of Arbitration Rules – Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

ix. Arbitrator’s Decision

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

x. Jury Trial Waiver

You and Purple Door acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

xi. No Class Actions or Representative Proceedings

You and Purple Door acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

xii. Mass Action Waiver

You and Purple Door acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Purple Door agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 20 and 21(xi) of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Purple Door from participating in a mass settlement of claims.

xiii. Modification of Arbitration Rules – Mass Action Batching Requirements

If, for any reason, notwithstanding Section 21(xii), an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. One arbitrator shall be appointed for each batch and shall resolve each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a manner and/or place to be determined by the arbitrator, and one final award. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the foregoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court, subject to Sections 19 and 21(xi) of these Terms.

xiv. Modifications of Arbitration Rules – Offers of Judgment

At least 10 days before the date set for the arbitration hearing, you or Purple Door may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

xv. Severability

Except as provided in Section 21(xi), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed, and the remainder of the Arbitration Agreement will be given full force and effect.

xvi. Amendment to Agreement to Arbitrate

If Purple Door amends this Section 21 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Purple Door username, the email address you used to set up your Purple Door account, your signature, and an unequivocal statement that you want to opt out of the amended Section 21. You must either mail your notice to this address: 325 S 1st St, Suite 120, San Jose, CA 95113, Attn: Arbitration Opt-Out, or email the opt-out notice to support@purpledoorfinders.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Purple Door (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Purple Door.

xvii. Survival

Except as provided in Section 21(xi) and subject to Section 21(v), this Section 21 will survive any termination of these Terms and will continue to apply even if you stop using the Purple Door Platform or terminate your Purple Door account.

22. Term and Termination

i. Term

Notwithstanding anything to the contrary in these Terms or the Member Community Additional Terms, the agreement between you and Purple Door reflected by these Terms is effective when you first access the Services and remains in effect until either you or Purple Door terminates the agreement in accordance with these Terms.

ii. Termination; Suspension

You may delete your account and terminate the Terms and the Member Community Additional Terms, if applicable, by selecting “Delete Account” in your account settings. If you are a Member Community and you delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. Purple Door may, with or without prior notice, terminate or delete your account and terminate the Terms and the Member Community Additional Terms, if applicable, and immediately and stop providing access to the Services, for any or no reason, including but not limited to if you breach these Terms, you violate the Member Community Additional Terms, or Privacy Policy, you violate applicable laws, or we reasonably believe termination is necessary to protect Purple Door, its users, or third parties. Purple Door, in its sole discretion, may also, with or without prior notice:

  • suspend or limit your access to or use of the Services and/or your account;

  • suspend, remove, disable access to, or restrict visibility of any community listing(s), review(s), or User Materials; or

  • suspend or revoke any special status associated with your account.

Where appropriate, as Purple Door determines in its sole discretion, you may be given notice of any intended measure by Purple Door and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service.

iii. Effect of Termination

If you are a Member Community and your account is terminated or deleted, your community and housing listings will be removed from the Services. If you are a Resident and your account is terminated or deleted, your saved listings will be deleted. Any termination or deletion of your account and these Terms and the Member Community Additional Terms, if applicable, will not terminate any underlying agreement entered into between any Resident (or his or her family member, as applicable) and Member Community, and both Resident (or his or her family member, as applicable) and Member Community will remain bound by the terms of the underlying agreement between such parties in accordance with the terms of such agreements. When these Terms and the Member Community Additional Terms, if applicable, have been terminated, you are not entitled to a restoration of your account or any of your content or User Materials. If your access to or use of the Services has been limited, or your account has been suspended, or these Terms and the Member Community Additional Terms, if applicable, have been terminated by Purple Door, you may not register a new account or access or use the Services through an account of another user.

iv. Survival

The following sections of these Terms shall survive any termination of these Terms: Section 1 (Changes to the Services and these Terms), the second paragraph of Subsection 4(i) (Profile Pages; Accounts; Member Community Additional Terms), Subsection 4(ii) (No Endorsement; No Affiliation; Not a Broker), Section 5 (No Professional Advice), Section 6 (Privacy and Consent to Communications), Section 7 (Advertising), Section 8 (Consent to Recorded Calls and Automatic Dialing Systems), Section 9 (Applications), Subsection 10(ii) (Restrictions), Section 11 (User Materials), Section 12 (Third-Party Services), Section 13 (Artificial Intelligence), Section 14 (Intellectual Property), Section 15 (Feedback), Section 16 (DMCA; Copyright Infringement Notices & Counter-Notices), Section 17 (Indemnification), Section 18 (No Warranties), Section 19 (Limitation of Liability/Exclusive Remedy), Section 20 (Governing Law and Venue), Section 21 (Dispute Resolution and Arbitration Agreement), Section 22 (Term and Termination), Section 23 (General), and Section 25 (Contact Information).

23. General

If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Purple Door with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Purple Door with respect to the Services.

24. Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

25. Contact Information

The Services are offered by Purple Door, LLC and its affiliates, located at 325 S 1st St, Suite 120, San Jose, CA 95113. You may contact Purple Door by sending correspondence to that address or emailing support@purpledoorfinders.com.
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