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Terms and Conditions

 

Disclaimers and Important Terms and Conditions

  1.  NOTICE. BEFORE USING ANY WEB PAGES, MOBILE WEB PAGES OR APPLICATIONS, OR INFORMATION CONTAINED HEREIN OR LINKED HERETO, YOU SHOULD CAREFULLY READ THE FOLLOWING DISCLAIMERS AND IMPORTANT TERMS AND CONDITIONS. THE SITES ARE PROVIDED FOR INFORMATION PURPOSES ONLY. YOUR USE OF ANY OF THE SITES CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE OR ANY WEB PAGES AND/OR MOBILE APPLICATIONS THEREIN.
  2.  AGREEMENT. This Agreement describes the terms and conditions on which American Senior (“AMERICAN SENIOR”) allows access and use of sites operated by AMERICAN SENIOR or its subsidiaries and affiliates (collectively, including any of the services made a part of or available through the Sites and any of its web pages and/or mobile applications, the “Sites”). Some of the AMERICAN SENIOR web pages and/or mobile applications on the Sites may provide services, features or offers under their own terms and conditions of use and you agree to comply with such terms of use in your use of those services. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
  3.  LIMITED LICENSE. AMERICAN SENIOR grants you a non-exclusive, non-transferable, limited license to access, use and display the Sites and the information, graphics, content and materials thereon (“Content”) and any software that may be necessary to use the Sites. You acknowledge and agree that the Sites and the Content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and are provided only for your personal, non-commercial use. You are also granted a limited license to print copies of any Content posted at the Sites, but only for your personal, non-commercial use. Except as expressly provided above, all rights are reserved. You may not display the Sites, or any portion thereof, in frames (or any of the Content via on-line links) without our express written permission.
  4.  USE OF CONTENT. Product offers, rates, terms and other Content provided at the Sites are subject to change without notice. Your eligibility for particular products and services is subject to AMERICAN SENIOR’s review and acceptance. Not all of the products and services described at the Sites are available in all geographic areas.
  5.  DISCLAIMERS. AMERICAN SENIOR IS NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE SITES OR THE CONTENT. THE SITES, ALL CONTENT, LINKS AND ANY OF THE SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY (EITHER WHEN POSTED OR WITH THE PASSAGE OF TIME), TIMELINESS OR OF THE RESULTS OBTAINED THEREFROM, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN ADDITION, AMERICAN SENIOR MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL AMERICAN SENIOR OR OUR AGENTS, OFFICERS OR EMPLOYEES THEREOF BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR: ANY CONTENT CONTAINED ON OR OMITTED FROM THE SITES; ANY PERSON’S RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT THE CONTENT IS COMPLETE, CURRENT OR CORRECT; ANY VIRUSES OR DEFECTS THAT MAY BE FOUND TO EXISTS IN THE SITES, THE CONSEQUENCES OF ANY DECISION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE WHETHER OR NOT BASED ON CONTENT PROVIDED BY OR RESULTING FROM USE OF THE SITES. THE CONTENT, AND ANY ADVICE RECEIVED VIA THE SITES, IS NOT INTENDED, AND SHOULD NOT BE RELIED UPON, FOR PERSONAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
  6.  LIMIT ON DAMAGES. AMERICAN SENIOR AND OUR AGENTS, OFFICERS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THE SITES, ANY SOFTWARE USED TO ACCESS THE SITES, ANY OF THE SERVICES AVAILABLE THROUGH THE SITES OR THE CONTENT, YOUR RELIANCE ON, USE OF OR INABILITY TO USE THE SITES, OR ANY ERROR, OMISSION, INTERRUPTION, OR DELAY IN OPERATION, OR ANY COMPUTER VIRUS OR SYSTEM FAILURE, REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER AMERICAN SENIOR IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
  7.  LINKS TO THIRD PARTY SITES. As a convenience to you, AMERICAN SENIOR may provide links to Web sites operated by entities other than AMERICAN SENIOR (“Linked Sites”). The Linked Sites are not under the control of AMERICAN SENIOR. If you use a Linked Site, you will leave the Sites. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements and understand the privacy policies of the Linked Sites. AMERICAN SENIOR makes no warranty or representation regarding, and does not endorse nor is responsible for any Linked Site, the information appearing thereon or any of the products or services described thereon. Linked Sites may have a privacy policy different from that of AMERICAN SENIOR and the Linked Site may provide less security than the AMERICAN SENIOR Sites. Links to Linked Sites do not imply that AMERICAN SENIOR sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of AMERICAN SENIOR.
  8.  SUBMISSIONS. All information you submit to AMERICAN SENIOR via the Sites will be considered to be the property of AMERICAN SENIOR, and AMERICAN SENIOR is free to utilize any information you submit pursuant to its 
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  10.  INTERNET E-MAIL. AMERICAN SENIOR strongly discourages the use of ordinary e-mail systems to communicate with AMERICAN SENIOR. Ordinary e-mail systems and messages may be vulnerable to interception, alteration and loss. AMERICAN SENIOR will not be responsible to anyone for any damages arising out of or in connection with any email sent to AMERICAN SENIOR using e-mail.
  11.  INDEMNITY. You agree to indemnify AMERICAN SENIOR and its directors, officers and employees against any liabilities, losses, expenses or other costs AMERICAN SENIOR incurs arising from a breach of any of the terms hereof by you and for the content of any message sent using email.
  12.  NEWS SERVICES. AMERICAN SENIOR does not warrant, endorse or guarantee any information provided through any news service or article on the Sites. AMERICAN SENIOR will not be a party to any transaction between you and any news service. AMERICAN SENIOR does not assume the responsibility of monitoring the use of trademarks, copyrights or other rights of news services or other third parties.
  13.  SUSPENSION AND TERMINATION. AMERICAN SENIOR may modify, terminate and/or suspend your access to the Sites, any related services or any portion thereof at any time, without notice. AMERICAN SENIOR may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability. AMERICAN SENIOR may also at any time discontinue providing the Sites, or any part thereof, with or without notice.
  14.  AMENDMENTS; MODIFICATIONS. AMERICAN SENIOR reserves the right to change, modify, add or remove any portion of this Agreement in whole or in part, at any time, by posting the amended terms on the Sites. The new terms shall automatically be effective and binding on you 15 days after they are initially posted on the Sites. Your continued use of the Sites after any changes to this Agreement are posted will be considered acceptance of those changes. This Agreement may not otherwise be amended.
  15.  GOVERNING LAW. This Agreement is governed by the laws of the State of New York, U.S.A., without regard to its principles of conflict of laws. The Sites are not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation, would subject AMERICAN SENIOR to any liability or would not give effect to all of the provisions in this Agreement. You may not access the Sites or the Content where such access is illegal or prohibited or where such access would subject AMERICAN SENIOR or its affiliates to any liability.
  16.  USE FOR ILLEGAL ACTIVITIES PROHIBITED. It is prohibited to use the Sites in violation of the terms herein, in any manner which could damage, disable, interrupt, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites or for any illegal activities. Illegal activities include, but are not limited to, tampering with information databases and software, unauthorized entry to other networks or computers, violating civil rights laws, or knowledgeable vandalism or destruction of online files. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Sites.
  17.  DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE. We want to address your concerns without the need to initiate a formal legal case. Before filing a claim against AMERICAN SENIOR, you agree to try to resolve the dispute informally by contacting inquiries@americansenior.com. We’ll try to resolve the dispute informally by contacting you. If a dispute is not resolved within 15 days of submission, you or AMERICAN SENIOR may bring a formal proceeding. To the extent permitted by applicable law, any controversy or claim (“Claim”) you have relating to this Agreement, use of the Sites or the Content shall be subject to final and binding arbitration resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. For more information about the AAA and its applicable arbitration rules, procedures and fees, click here http://www.adr.org/ or phone the AAA at 800-778-7879. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. Any arbitration relating to this Agreement shall be held in New York County, New York. The AAA rules will govern payment of arbitration fees. The losing party, as determined by the arbitrator, will pay all costs and fees associated with arbitration. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. By virtue of this agreement to arbitrate, you acknowledge that you are waiving any right to sue in court, and that arbitration is your sole, final and binding remedy to resolve disputes. The federal or state courts of New York County, New York shall have exclusive jurisdiction and venue over: (i) the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration; (ii) any action concerning the enforcement of an arbitration award; or (iii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE.

 COMPLETE AGREEMENT/NO REPRESENTATIONS. This Agreement constitutes the entire agreement between you and American Senior relating to your access to and use of the Sites. AMERICAN SENIOR’s failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on AMERICAN SENIOR’s part to exercise any power or right given to AMERICAN SENIOR in this Agreement, or a continued course of such conduct on AMERICAN SENIOR’s part, shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to AMERICAN SENIOR in this Agreement are cumulative and not exclusive of any other rights or remedies which AMERICAN SENIOR otherwise has at law or equity. Any rights not otherwise expressly granted by this Agreement are reserved by AMERICAN SENIOR. Captions are for convenience only. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. The provisions of this Agreement which expressly or by implication are intended to survive its termination will survive and continue to bind both you and AMERICAN SENIOR.

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