TERMS OF USE

Last updated March 10th, 2024

This Site is an independent provider of information and resources relating to commercial offers and opportunities for senior citizens. We also provide exclusive content through marketing emails, regular newsletters, and SMS alerts to our members (the “Services”).

We are a private website. We are not a financial institution, financial services provider, a lender, insurance provider, insurance broker, real estate broker, your agent, or an agent of any third party service provider. We have no affiliation or relationship with the United States Government or any of its agencies. We do not offer financial or investment advice, insurance advice, real estate advice, medical or legal advice. We do not guarantee or warrant any information provided to you by any third party through our Site and/or our Services.

Access to our Site is free. Other than as set forth in these Terms, we do not sell any product or service. If you purchase any product or service from any third party, you do so with knowledge that you are dealing with a third party.

All information, including but not limited to articles, forums, reviews, advertising, products and services descriptions, company descriptions, and other information available on this Site are provided for informational and convenience purposes. While we make reasonable efforts to provide truthful and accurate information, any reliance you make on any information provided through our Site is solely at your risk.

We may receive compensation from our marketing partners whose products and/or services are featured on this Site. However, this does not affect the independence of our opinion or reviews, if any, made available on this Site.

Our Services are free and no subscription is required to access the Site. However, users are encouraged to sign up to receive our free newsletter. Signing up will automatically subscribe users to receive exclusive content and as well as our marketing emails and regular newsletters. You will receive an email to confirm your registration.

By signing up, you confirm that the information you provide us is true and accurate. We may reject any application or terminate your registration at any time for any reason in our sole discretion. You may cancel your registration at any time by sending us an e-mail with the subject line “CANCELLATION” to [email protected]. You must send your request from the email address you provided at the time of registration so we can uniquely identify you.

If you provide a phone or mobile number to receive calls and SMS alerts, any cancellation you make will also opt you out from receiving future calls and SMS alerts from this Site.

By registering on our Site, you give us and our third-party marketing partners (“Partners”) unambiguous prior express written consent to contact you by email at the email address you designate.

You also agree that by providing your phone or mobile number, you warrant and represent that the telephone numbers you have provided to us are your contact numbers. You agree that we or our Partners may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive the foregoing messages and calls from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with information or questions regarding commercial offers, products and services that are of interest to you. Recurring messages are maximum of twelve (12) messages per month. Message and data rates may apply. Text STOP to opt-out from future SMS messages.

You understand that (1) registering on our Site to receive exclusive marketing emails; and (2) providing a phone number to receive calls and SMS alerts are each optional and are not required for you to access the Site.

We may receive payment from advertisers or if you purchase products or services from our Partners. If you no longer wish to receive marketing communications from us, you may follow the cancellation described in these Terms or the opt-out procedures contained in our Privacy Policy.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

All third party trademarks (including logs and icons) referenced by the Site remain the property of their respective owners. Unless specifically identified as such, the Site’s use of third party trademarks does not indicate any relationship, sponsorship, or endorsement between the Site and the owners of these third party trademarks. All references by the Site to third party trademarks are to identify the corresponding third party products and services and intended to constitute nominative fair use under applicable trademark laws.

By using the Site, you represent and warrant that:

1. you have the legal capacity and you agree to comply with these Terms;
2. you are not a minor in the jurisdiction in which you reside;
3. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
4. you will not use the for any illegal or unauthorized purpose;
5. your use of the Site will not violate any applicable law or regulation.

In case of any violation of the above, we may refuse any and all current or future use of the Site (or any portion thereof).

You may not access or use the Site and/or our Services for any purpose other than that for which we make the Site and/or our Services available. The Site and/or our Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us when you contact us or in response to our Content are non-confidential and shall become our sole property to the extent applicable. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. To the extent that any such Submissions are not subject to ownership by this Site, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, and create derivative works from such Submissions.

The Site and/or our Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. We are not a party to any agreement you may enter into with Third-Party Websites.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

You agree and acknowledge that Third-Party Websites may include websites of our Partners or advertisers. We may allow advertisers or Partners to display their advertisements and other information in certain areas of the Site.

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
4. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and/or our Services.

We care about data privacy and security. Please review our Privacy Policy. By using the Site and/or our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States and is primarily intended for United States residents.

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site and/or our Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site and/or our Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site and/or Services are covered by the Notification, a representative list of such works on the Site and/or Services;
3. 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;
4. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site and/or our Services as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

1. identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
2. a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
3. a statement that you will accept service of process from the party that filed the Notification or the party's agent;
4. your name, address, and telephone number;
5. a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
6. your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, WITHOUT WARNING, IN OUR SOLE DISCRETION.

In addition to terminating or suspending your access or use, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Site and/or our Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site and/or our Services.

We cannot guarantee the Site and/or our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and/or our Services, resulting in interruptions, delays, or errors.

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.

The Parties may attempt to settle the dispute through informal negotiations. If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in the state of Nevada and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any claim, action, or proceeding brought by either party related in any way to the Site and/or Services be commenced more than one (1) year after the cause of action arose. EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

THE SITE AND OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, Partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site and/or our Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the Site or our Services, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or our Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

These Terms and any policies or operating rules posted by us on the Site or provided by us in connection with our Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site and/or our Services. You agree that these Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

In order to resolve a complaint regarding the Site and/or our Services or to receive further information regarding use of the Site, please contact us at:

SeniorAssistance.club
[email protected]