Terms of Use

Effective Date: June 2026

These Terms of Use (“Terms”) govern your access to and use of the websites, portals, applications, digital services, online platforms, and related content owned, operated, managed, or provided by Distinctive Healthcare, LLC, Distinctive Living, LLC, DR Management Services, LLC, Distinctive Living Development, LLC, and their respective subsidiaries, affiliates, managed communities, development projects, ownership structures, and related business operations (collectively, “Distinctive,” “we,” “our,” or “us”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

1. APPLICABILITY AND ACCEPTANCE OF TERMS

These Terms apply to all users of the Site, including residents, prospective residents, family members, employees, job applicants, referral sources, healthcare providers, vendors, business partners, developers, lenders, investors, consultants, and members of the public.

Distinctive reserves the right to modify these Terms at any time without prior notice. Changes become effective immediately upon posting. Your continued use of the Site following any modification constitutes acceptance of the revised Terms.

2. COVERED ENTITIES

These Terms apply to:

• Distinctive Healthcare, LLC

• Distinctive Living, LLC

• DR Management Services, LLC

• Distinctive Living Development, LLC

• All affiliated entities, subsidiaries, managed communities, development projects, consulting operations, home care operations, ownership structures, and business units under their management or control.

3. ELIGIBILITY

You represent and warrant that:

• You are at least eighteen (18) years of age;

• You possess the legal authority to enter into binding agreements;

• Any information submitted by you is accurate and complete;

• Your use of the Site complies with all applicable laws and regulations.

4. PRIVACY AND DATA COLLECTION

Your use of the Site is also governed by:

• Distinctive Privacy Policy

• Distinctive Consumer Health Data Privacy Policy

• Distinctive Responsible Artificial Intelligence & Technology Governance Statement

These policies are incorporated herein by reference.

5. WEBSITE PURPOSE

The Site is intended to provide information concerning Independent Living, Assisted Living, Memory Care, Active Adult communities, home care and wellness services, senior housing development services, third-party management services, consulting services, employment opportunities, educational resources, corporate information, and investor, lender, and business partner information.

Nothing on the Site creates a resident agreement, management agreement, development agreement, consulting agreement, employment agreement, fiduciary relationship, partnership, joint venture, or other contractual obligation unless expressly set forth in a separately executed written agreement.

6. INTELLECTUAL PROPERTY RIGHTS

All content appearing on the Site, including without limitation text, graphics, logos, trademarks, service marks, videos, photographs, software, source code, designs, marketing materials, reports, white papers, articles, presentations, development concepts, operational systems, and training materials are owned by Distinctive or its licensors and are protected by intellectual property laws.

Distinctive proprietary marks include, without limitation:

• Distinctive Healthcare®

• Distinctive Living®

• Distinctive Living Development®

• Moments Matter™

• Distinctive University™

• Our People Make Us Distinctive®

• Bold Visions, Brave Actions™

No content may be copied, reproduced, distributed, modified, displayed, transmitted, licensed, sold, reverse engineered, or otherwise used without Distinctive’s prior written consent.

7. LIMITED LICENSE

Distinctive grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for lawful, personal, informational, and non-commercial purposes.

Nothing contained herein shall be construed as granting any ownership interest in the Site or any content appearing on the Site. All rights not expressly granted herein are reserved by Distinctive.

8. ACCEPTABLE USE

You agree not to:

• Violate any applicable law, regulation, or governmental requirement;

• Interfere with or disrupt Site operations;

• Introduce viruses, malware, ransomware, spyware, or other malicious code;

• Harvest, scrape, collect, or extract Site data;

• Reverse engineer, decompile, or disassemble Site functionality;

• Circumvent security measures or authentication systems;

• Impersonate any person or entity;

• Submit false, misleading, or fraudulent information;

• Infringe upon intellectual property or privacy rights;

• Use the Site for unlawful, deceptive, abusive, or fraudulent purposes.

Distinctive reserves the right to investigate violations and restrict, suspend, or terminate access to the Site at any time.

9. USER SUBMISSIONS

Any comments, reviews, suggestions, inquiries, applications, communications, feedback, materials, or other submissions provided through the Site may be used by Distinctive for lawful business purposes.

Except as otherwise required by law, submissions shall not be considered confidential or proprietary.

Users should not submit protected health information, resident records, legal documents, confidential financial information, trade secrets, or other sensitive information through public website forms unless specifically requested through secure channels.

10. ARTIFICIAL INTELLIGENCE AND AUTOMATED TECHNOLOGIES

Distinctive may utilize artificial intelligence, machine learning technologies, chatbots, automated communication tools, and other emerging technologies throughout the Site.

You acknowledge and agree that:

• AI-generated content may contain inaccuracies, omissions, or errors;

• AI-generated responses are provided solely for informational purposes;

• AI-generated content does not constitute medical, nursing, legal, financial, tax, investment, development, or professional advice;

• Human review may not occur prior to AI-generated responses being displayed;

• Distinctive makes no representation regarding the accuracy, completeness, reliability, or suitability of AI-generated content.

Use of AI-enabled services is additionally governed by Distinctive’s Responsible Artificial Intelligence & Technology Governance Statement.

11. HEALTHCARE AND WELLNESS DISCLAIMER

THE SITE DOES NOT PROVIDE MEDICAL, NURSING, CLINICAL, MENTAL HEALTH, OR HEALTHCARE ADVICE.

ALL CONTENT PRESENTED ON THE SITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.

NO CONTENT SHALL BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CLINICAL JUDGMENT.

IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE MEDICAL ATTENTION.

12. DEVELOPMENT, INVESTMENT, AND CONSULTING DISCLAIMER

Distinctive may publish information regarding:

• Senior housing developments;

• Market analyses;

• Demographic studies;

• Financial projections;

• Occupancy projections;

• Feasibility studies;

• Acquisitions;

• Development opportunities;

• Industry trends.

ALL SUCH INFORMATION IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES.

NOTHING CONTAINED ON THE SITE SHALL CONSTITUTE:

• An offer to sell securities;

• A solicitation of investors;

• Investment advice;

• Financial advice;

• Tax advice;

• Legal advice;

• A guarantee of future performance.

Any forward-looking statements are subject to numerous risks and uncertainties beyond Distinctive’s control.

13. EMPLOYMENT OPPORTUNITIES DISCLAIMER

Information regarding employment opportunities is provided solely for informational purposes.

Nothing contained on the Site shall:

• Constitute an offer of employment;

• Create an employment contract;

• Guarantee employment;

• Alter any at-will employment relationship.

All employment decisions remain subject to Distinctive’s hiring procedures, credential verification, licensing requirements, background checks, and applicable law.

14. RESIDENT AND FAMILY COMMUNICATIONS DISCLAIMER

The Site may provide opportunities for residents, prospective residents, family members, responsible parties, healthcare providers, referral sources, and other individuals to communicate with Distinctive through contact forms, email links, chat functions, portals, surveys, event registrations, or other electronic means.

Communications submitted through the Site are not intended for emergency situations, urgent healthcare concerns, clinical decision-making, medication management, resident safety matters, or time-sensitive communications.

Distinctive does not guarantee that communications submitted through the Site will be reviewed, received, or responded to within any specific timeframe.

Residents, families, and responsible parties should continue to utilize established community communication channels for resident-specific matters.

Submission of information through the Site does not create any resident agreement, healthcare relationship, fiduciary relationship, contractual obligation, or guarantee of services.

15. NO PROFESSIONAL RELATIONSHIP CREATED

The information, materials, communications, content, and services made available through the Site are provided solely for general informational purposes.

Accessing the Site, communicating with Distinctive through the Site, downloading materials, attending webinars or events, requesting information, submitting inquiries, utilizing chat functionality, or otherwise interacting with the Site does not create:

• A resident agreement;

• A healthcare provider-patient relationship;

• A physician-patient relationship;

• A nursing relationship;

• A management agreement;

• A development agreement;

• A consulting agreement;

• An attorney-client relationship;

• A financial advisory relationship;

• An investment advisory relationship;

• A fiduciary relationship;

• An employment relationship; or

• Any other contractual or professional relationship.

Any such relationship may only be established through a separate written agreement executed by authorized representatives of the applicable parties.

16. THIRD-PARTY LINKS AND SERVICES

The Site may contain links to third-party websites, software, resident portals, payment processors, employment systems, or service providers.

Distinctive does not control and shall not be responsible for third-party content, products, services, privacy practices, security practices, or terms of use.

Accessing third-party services is done at your own risk.

17. COPYRIGHT INFRINGEMENT (DMCA)

If you believe content appearing on the Site infringes your copyright, notices may be sent to:

Attn: General Counsel

Distinctive Support Center

1 West Main Street

Freehold, New Jersey 07728

Email: legal@distinctive-liv.com

All notices must comply with the requirements of the Digital Millennium Copyright Act (“DMCA”).

18. WEBSITE AVAILABILITY

Distinctive does not guarantee uninterrupted, secure, or error-free access to the Site.

Distinctive reserves the right to modify, suspend, restrict, discontinue, or remove any portion of the Site at any time without notice.

19. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISTINCTIVE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, OR PERFORMANCE.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISTINCTIVE, ITS AFFILIATES, MEMBERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO:

• USE OF THE SITE;

• INABILITY TO ACCESS THE SITE;

• RELIANCE ON SITE CONTENT;

• AI-GENERATED CONTENT;

• THIRD-PARTY CONTENT;

• CYBERSECURITY INCIDENTS;

• DATA LOSS;

• BUSINESS INTERRUPTION;

• LOST PROFITS;

• LOST BUSINESS OPPORTUNITIES.

IN NO EVENT SHALL DISTINCTIVE’S TOTAL AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

21. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Distinctive and its affiliates, officers, directors, employees, contractors, consultants, and agents from and against any claims, liabilities, damages, losses, costs, expenses, judgments, settlements, and attorneys’ fees arising from:

• Your use of the Site;

• Your violation of these Terms;

• Your violation of applicable law;

• Your infringement of third-party rights.

22. ARBITRATION AGREEMENT

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”).

The arbitration shall occur in Monmouth County, New Jersey.

Distinctive reserves the right to seek injunctive relief in a court of competent jurisdiction to protect its intellectual property, confidential information, trade secrets, proprietary information, or business interests.

23. WAIVER OF JURY TRIAL

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PARTIES KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

24. CLASS ACTION WAIVER

ALL CLAIMS MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.

YOU AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING AGAINST DISTINCTIVE.

25. FORCE MAJEURE

Distinctive shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to:

• Natural disasters;

• Hurricanes;

• Floods;

• Fires;

• Pandemics;

• Public health emergencies;

• Utility failures;

• Cybersecurity incidents;

• Labor disputes;

• Government actions;

• Terrorism;

• War;

• Civil unrest;

• Supply chain interruptions.

26. ASSIGNMENT

Distinctive may assign, transfer, delegate, or otherwise convey its rights and obligations under these Terms without restriction.

Users may not assign any rights or obligations under these Terms without Distinctive’s prior written consent.

27. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts-of-law principles.

Subject to the arbitration provisions contained herein, any legal proceeding shall be brought exclusively in the state or federal courts located in Monmouth County, New Jersey.

28. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

29. ENTIRE AGREEMENT

These Terms, together with Distinctive’s Privacy Policy, Consumer Health Data Privacy Policy, Responsible Artificial Intelligence & Technology Governance Statement, and any applicable written agreements, constitute the entire agreement between you and Distinctive regarding your use of the Site.

30. CONTACT INFORMATION

Distinctive Healthcare Family of Companies

Attn: General Counsel

Distinctive Support Center

1 West Main Street

Freehold, New Jersey 07728

Email: compliance@distinctive-liv.com

Website: www.distinctive-liv.com

Our People Make Us Distinctive.