Last Update: September 23, 2022
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITES. ALL USE OF THE SITES IS SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT USE THESE SITES.BY ENTERING INTO THIS AGREEMENT, YOU MAY BE WAIVING CERTAIN RIGHTS. IN PARTICULAR, THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
1. ELIGIBILITY. You may access and use the Site and Materials only if you can form a binding contract with SSC, and only in compliance with this Agreement and all laws, rules and regulations applicable to your use of the Site and Materials. The Site and Materials are not directed to or intended for access by anyone under the age of 13. The Site is not available to anyone who has been previously removed from the Site by SSC.
3. UPDATES TO TERMS; RIGHT TO UPDATE OR TERMINATE ACCESS. We may update or change this Agreement from time to time, so we encourage you to periodically review this Agreement. We will post any change to this Agreement on the Sites. Your continued use of the Sites following posting of any changes to this Agreement signifies that you agree with the terms and conditions of this Agreement. If you do not agree to any updates or changes to this Agreement, you may not use the Sites.
4. SCOPE OF USE. All use of the Sites and Materials is for your own personal (if you are an individual) or internal (if you are an entity) use for informational purposes only. Provided that you comply with this Agreement, we invite you to access the Sites and Materials to: (1) review the publications, news and press releases, and other Materials on the Site; (2) learn more about our services and offerings; and (3) request additional information about us and our services and offerings. You may not modify or change any Materials. You will not otherwise use the Site or Materials other than as expressly permitted in the preceding sentence.
5. OWNERSHIP, TECHNOLOGY, AND RESTRICTIONS.
1. SSC and its licensors retain all right, title, and interest, including all intellectual property and proprietary rights, in and to the Sites and all Materials, including any additions, improvements, updates, and modifications thereto. You receive no ownership interest or other rights (other than the rights specified in the “Scope of Use” section above) in or to the Sites or Materials.
2. The Sites and Materials, and the databases, software, hardware and other technology used by or on behalf of SSC to operate the Sites, and the structure, organization, and underlying data, information and software code thereof (“Technology”), may constitute valuable trade secrets of SSC and are protected by all applicable laws and international treaties. You will not, and will not permit any third party to: (a) access or attempt to access the Site, Materials, or Technology except as expressly provided in this Agreement; (b) use the Site, Materials, or Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site or Technology; (c) use automated scripts to collect information from or otherwise interact with the Site or Technology; (d) alter, modify, reproduce, create derivative works of the Site, Materials, or Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Site or Materials or otherwise make the Site or Materials available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, Materials, or Technology; (h) monitor the availability, performance, or functionality of the Site, Materials, or Technology; (h) interfere with the operation or hosting of or damage the Site, Materials, or Technology; (i) copy or attempt to copy, in whole or in part, any part of the Site, Materials, or Technology; or (j) alter, obscure or remove any copyright notice, copyright management information, or proprietary legend contained in or on the Site, Materials, or Technology.
6. FEEDBACK. Any information, content, or materials you provide to us through the Sites, including any feedback, comments, or suggestions relating to the use, operation, performance, functionality, or features of the Sites (“Feedback”) is entirely voluntary. We will be free to use any Feedback as we see fit for any purpose and without any without notice, payment, or other obligation to you. All use of any Feedback will be at our sole discretion.
7. TRADEMARKS. The “SSC Marks” means all trademarks and service marks (including words, symbols, logos, designs, and other designations) used by SSC in connection with its goods and services. All SSC Marks are the exclusive property of SSC. SSC utilizes multiple SSC Marks that may appear on the Sites or Materials. This Agreement does not authorize you to use any SSC Mark. Any such use is expressly prohibited.
8. PUBLICATIONS, NEWS, AND PRESS RELEASES. The Materials may include publications, news, and press releases relating to SSC and its services and offerings. While this information is believed to be accurate as of the date it was prepared, SSC disclaims any duty or obligation related to the accuracy of any Materials.
9. LINKS TO THIRD PARTY WEBSITES. The Sites may include links to websites owned by third parties. All links are provided solely as a convenience. SSC does not endorse any linked websites (or any other third party websites), or the information, materials, products, or services that are contained in or accessible through those sites. Linked and third party websites have their own terms and conditions, separate from his Agreement and SSC is not responsible for any linked or other third party websites or your access to or use of those websites. Access to any linked or other third party websites is solely at your own risk. You hereby waive any and all claims against SSC with respect to any linked or other third party websites.
10. ACCEPTABLE CONDUCT. Please review SSC’s Acceptable Conduct Policy posted on the Sites. The Acceptable Conduct Policy describes certain conduct prohibited on the Sites. You agree to use the Sites and Materials solely in compliance with the Acceptable Conduct Policy.
11. YOUR REPRESENTATIONS AND WARRANTIES.
1. You represent and warrant that: (a) you have the legal right and authority to enter into this Agreement, either for yourself or the entity you represent; (b) this Agreement forms a binding legal obligation on either yourself or the entity you represent; and (c) you have the legal right and authority to perform your obligations under this Agreement.
2. You represent and warrant that your use of and access to the Sites and the Materials will comply with all applicable laws, rules, or regulations and will not cause SSC itself or any other third party to violate any applicable laws. SSC is not responsible for notifying you of any such laws, enabling your compliance with any such laws, or for your failure to comply.
12. WARRANTY DISCLAIMER.
1. THE SITES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SSC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE SITES, MATERIALS, THE PRODUCTS AND SERVICES ADVERTISED ON THE SITE, OTHER DATA, INFORMATION OR THIRD-PARTY WEBSITES THAT MAY BE PROVIDED THROUGH THE SITES, OR ANYTHING ELSE PROVIDED BY OR ON BEHALF OF SSC THROUGH THE SITES.
2. SSC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITES, MATERIALS, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SSC OR ITS AFFILIATES, EMPLOYEES OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
3. SSC MAKES NO WARRANTY THAT THE SITES OR MATERIALS (A) WILL MEET YOUR REQUIREMENTS OR (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY PERMITTED USES OF MATERIALS OTHER THAN VIEWING ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH OTHER PERMITTED USES.
4. THE SITES AND MATERIALS DO NOT OFFER OR PROVIDE YOU WITH ANY MEDICAL OR OTHER PROFESSIONAL; ADVICE, DIAGNOSIS OR TREATMENT, AND SSC MAKES NO WARRANTY REGARDING THE SAME. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY. RELIANCE ON ANY INFORMATION PROVIDED IN THE SITES OR MATERIALS IS SOLELY AT YOUR OWN RISK.
13. LIMITATION OF LIABILITY. SSC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ACCESS TO OR USE OF THE SITE OR MATERIALS, EVEN IF SSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF OR ALTERATION TO COMMUNICATIONS CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION; BUSINESS INTERRUPTION; OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. SSC’S TOTAL CUMULATIVE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT, AND THE SITE AND ANY MATERIALS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10. YOU AGREE THAT SSC WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, SSC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. INDEMNIFICATION. You will indemnify, defend, and hold harmless SSC, its affiliates and customers, and their respective officers, directors, members, managers, shareholders, employees, agents, contractors, licensees, users, customers, providers, assigns, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, pre- and post-judgment interest, and settlement amounts) (“Claims”) that result from any allegation against any Indemnified Party arising in any manner from: (1) your access to or use of the Sites or Materials; (2) your violation or alleged violation of applicable laws; (3) your negligence or willful misconduct; or (4) your breach or alleged breach of any provision of this Agreement. SSC will use reasonable efforts to provide you with notice of any such claim or allegation. SSC will have the right to participate in the defense of any such claim at its expense. You will not enter into any settlement that admits any liability on behalf of any Indemnified Parties without the prior written consent of the applicable Indemnified Parties.
15. TERMINATION AND SUSPENSION.
1. You may cease accessing and using the Sites at any time, provided that this Agreement will continue to apply to your prior access to and use of the Sites and any continued access to or use of any Materials.
2. SSC may terminate your access any Site or Material, with or without notice, for any or no reason, in its sole discretion, and without liability of any kind. SSC may also, in its sole discretion and at any time, change, modify, or discontinue providing any part of any Site or Materials, with or without notice and without liability of any kind.
3. Upon any termination by SSC of your access to any Site or Material for any reason: (a) all rights granted to you to access and use the Site or Material under this Agreement will terminate; and (b) you will immediately cease all use of and access to the Site and Material. Any Section of this Agreement which, by its nature, should survive any such termination shall so survive.
4. SSC may also suspend your access to a Site or any Materials, with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by SSC, in its sole discretion, to be inappropriate or detrimental to SSC or any third party.
16. NOTICES. Unless otherwise specified in this Agreement, you will provide any notices required or allowed under this Agreement to SSC by postal mail to the address for SSC on the Sites. SSC may provide you with any notices required or allowed under this Agreement by sending you an email to any email address you provide to SSC. In addition, in the case of any notice applicable both to you and other users of the Sites, SSC may instead provide such notice by posting on the Sites. Notices provided to SSC will be deemed given when actually received by SSC. Notice provided to you will be deemed given 24 hours after posting to a Site or sending via e-mail. You are solely responsible for updating your email address with SSC.
17. CHOICE OF LAW AND JURISDICTION. This Agreement shall be governed and construed in accordance with the laws of the State of Arizona, U.S.A. without regard to its conflict of laws principles. You agree that any suit or action between the parties arising from or related to this Agreement which is not resolved pursuant to the arbitration process described in the Section titled “Disputes” shall exclusively be resolved in a state or federal court located in Phoenix, Arizona, U.S.A. You irrevocably consent and submit to the personal jurisdiction and venue of such state and federal courts for any such suit or action. You waive any right that you may have to object to the personal jurisdiction or venue of such state and federal courts.
18. EQUITABLE RELIEF. You acknowledge that any breach or threatened breach of this Agreement by you will result in irreparable harm to SSC for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, SSC will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. SSC will be entitled to the relief described in this paragraph without the requirement of posting a bond. If SSC seeks any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will it be deemed to have made an election of remedies.
19. DISPUTES. You agree that SSC may elect to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement in accordance with the procedures set forth in this Section. If any dispute cannot be resolved through negotiations between the parties, SSC may at any time elect to finally settle such dispute through binding arbitration under the arbitration rules of the American Arbitration Association (“AAA”) then in effect (the “Rules”). SSC may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after the request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by SSC in Phoenix, Arizona U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrator. The award of the arbitrators will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court having proper jurisdiction over the party against which such award will be enforced. You irrevocably submit to the personal jurisdiction and venue of any such courts in any action or proceeding brought to enforce a judgment. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
20. ATTORNEYS’ FEES. In addition to any other relief, the prevailing party in any action arising out of this Agreement will be entitled to its reasonable attorneys’ fees and costs.
21. SEVERABILITY. If any provision or part of this Agreement will be declared illegal, void or unenforceable, the remaining portions will continue in full force and effect to the extent permitted by law insofar as the primary purpose of this Agreement is not frustrated.
22. WAIVER. Any waiver by either party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement.
23. CONSENTS. Whenever the consent or approval of SSC is required hereunder, such consent or approval may be given or withheld by SSC in its sole discretion.
24. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the subject matter herein contained and supersedes all prior oral and written understandings, arrangements and agreements between the parties relating thereto.
25. CLAIMS OF INFRINGEMENT. SSC respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Sites without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to: SecureSeniorConnections™ LLC, Attn: Copyright Infringement Agent, firstname.lastname@example.org. Please provide the following information to SSC: (1) the identity of the infringed work, and of the allegedly infringing work; (2) your name, address, daytime phone number, and email address, if available; (3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (5) your electronic or physical signature.
26. QUESTIONS AND COMMUNICATIONS. Separate from notices under this Agreement, if you have any questions about this Agreement, you can contact by sending us an e-mail to us at email@example.com.