1. Agreement. These Terms and Conditions of Use (“Terms”) is made by and between the American Seniors Association (sometimes referred herein as “ASA”, “we”, “us” or “our”) and you, the user of this Website (sometimes referred herein as “you”, “your” or “User”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR ANY SERVICES OR CONTENT PROVIDED WITHIN THIS WEBSITE (COLLECTIVELY “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO americanseniors.org/terms-and-conditions, AND WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. You should periodically review these Terms to determine if any changes have been made.
3. Ownership. All content and materials included on this Website is and shall continue to be the property of ASA, its licensors, or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of this Website is prohibited, except as expressly permitted under these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content or materials by or through your use of this Website. You may not use this Website or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party.
4. Trademarks. Trademarks, service marks, logos, and copyrighted works appearing in this website are our exclusive property or the property of the party that provided such intellectual property to us. We, and any party that provides intellectual property to us, retain all rights with respect to any of their respective intellectual property appearing in this Website, and no rights in such materials are transferred or assigned to you.
5. Website Use. We grant you a limited, revocable, nonexclusive license to use this Website solely for your own personal and noncommercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use, including, without limitation, commercial use, without our prior written permission. You agree not to modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to this Website.
6. Website Conduct, Posting Policies & Third-Party Websites. Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Website. By posting information on the Website, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Website, you agree that you will not post comments, messages, links, code or other information that:
I. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content.
II. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
III. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
IV. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
V. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
VI. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Website, or attempts to gain access to other network or server via your account on this Website; or
VII. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for any material uploaded or submitted by users on any part of the Website. Although we do not pre-screen, police or monitor comments posted on the Website, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Website, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
By posting or submitting any material (including, without limitation, text, photos, and videos) to the Website, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are 13 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
This Website may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with this Website or party by us, or any warranty of any kind, either express or implied.
From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.
8. Compliance with Laws. You agree to comply with any and all applicable laws regarding your use of the Website. If you are outside the United States, you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
9. Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold ASA, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms or use of the Website by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Website.
10. Disclaimer. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from or through shall create a warranty not expressly stated in these Terms. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ASA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
14. Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to us:
I. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
II. A description of the copyrighted work that you claim has been infringed;
III. A description of where the material that you claim is infringing is located on the Website;
IV. Your address, telephone number, and e-mail address;
V. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
VI. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
15. Applicable Law. You agree that the laws of the state of Florida, without regard to conflicts of laws provisions, will govern these Terms and Condition of Use and any dispute that may arise between you and ASA or its affiliates or subsidiaries.
16. Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
17. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of ASA.
18. Relationship of the Parties. Nothing contained in these Terms or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.