Terms and Conditions
IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, YOU MAY NOT USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE.
Eligibility and User’s Warranties and Representations.
This website and the Materials (as defined below) may be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the website and Materials may not be used by minors. If you do not qualify, you are not permitted to use the website or order the (Services or Materials), and you do not have our consent to do so.
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.
Links to Third Party Websites.
We may provide links to web pages which are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.
License, Access and Interference. Use of the Site, Materials and Services Offered by SeniorMarketing.com.
The contents of this website and the Materials are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited, non-exclusive, revocable, non-assignable, non-sub licensable, non-transferable license to access and make personal use of the (i) website in order to obtain information about, and/or to purchase the Materials and Services offered on the website and (ii) the Materials and Services. This license does not include any resale or commercial use of this website or its contents or the Materials; any collection and use of any Materials, descriptions, or prices; any derivative use of this website or its contents or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website or the Materials, may not be reproduced, duplicated, copied, sold, resold, visited, modified, disclosed, publicly displayed, reverse engineered, disassembled, decompiled or otherwise exploited for any commercial or other purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We reserve all rights in the Site, Services and Materials that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppel, course of dealing or otherwise.
Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.
Warranty Disclaimers and Liability Limitations.
WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS AND/OR WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF ANY SERVICES PROVIDED.
The information contained in these Materials and Services are strictly for educational or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same. YOU UNDERSTAND AND AGREE THAT: (I) THERE IS NO GUARANTEE THAT YOU WILL SAVE OR MAKE ANY MONEY USING THE RESOURCES OR METHODOLOGIES OR SERVICES THAT WE HAVE DESCRIBED ON THIS SITE OR IN THE MATERIALS OR BY USING OUR SERVICES; (II) THOUGH THE TESTIMONIALS ARE FROM REAL PEOPLE WHO HAVE USED AND BENEFITED FROM OUR SERVICES, EACH TESTIMONIAL REFLECTS UNIQUE CIRCUMSTANCES THAT MAY NOT BE APPLICABLE TO YOUR SITUATION (III) EXAMPLES IN THESE MATERIALS OR ON THE SITE ARE NOT TO BE INTERPRETED AS A PROMISE, WARRANTY OR GUARANTEE THAT YOU WILL SAVE OR MAKE MONEY BY USING OUR MATERIALS AND (IV) THE ACTUAL FINANCIAL BENEFIT YOU EXPERIENCE, IF ANY, IS BASED ON FACTORS OUTSIDE OF OUR CONTROL. ANY CLAIMS MADE OF ACTUAL SAVINGS OR EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS OR THE SITE DEPENDS ON THE TIME YOU DEVOTE TO SUPERVISING OUR SERVICE DELIVERY, STUDYING OUR PROGRAMS, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS AND OTHER FACTORS BEYOND OUR CONTROL. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS AND COMPANIES AND ARE BEYOND OUR CONTROL, WE CANNOT AND NO NOT GUARANTEE OR WARRANTEE YOUR SUCCESS, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. OUR MATERIALS AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF SAVINGS OR EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR SERVICES, NOR FROM ANY IDEAS AND TECHNIQUES IN OUR MATERIALS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICES WE PROVIDE, THE MATERIALS, OR THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL IN NO EVENT BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS MATERIAL OR WEBSITE OR ANY OF OUR SERVICES, WHICH ARE PROVIDED “AS IS”, AND WITHOUT WARRANTIES. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE. 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. As always, the advice of a competent legal, tax, accounting or other professional should be sought.
WE DO NOT WARRANT THE PERFORMANCE, EFFECTIVENESS OR APPLICABILITY OF ANY SITES LISTED OR LINKED TO IN THIS WEBSITE OR THE MATERIALS. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose. Indemnity. You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Site; and (vi) your use of this website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.
WITH SPECIFIC REGARDS TO PAY PER CLICK, SEARCH ENGINE OPTIMIZATION, LANDING PAGE OPTIMIZATION, WEB DESIGN, PROGRAMMING, WEB PROGRAMMING, WEBMASTERING, AND ANY OTHER SERVICES OR CONSULTING OFFERED BY SENIORMARKETING.COM:
No refunds are issued once retainer has been paid unless a specific arrangement to the contrary has been offered in writing, or services and other deliverables have been provided. In all cases maximum refund amount will be equal to the initial payment received for the project set up fees. Client further agrees and understands that fulfillment of services under this Agreement does not guarantee any amount of leads, customers, sales, and/or profits. The outcome of the use or application of consulting services cannot be specifically determined. SeniorMarketing.com, its employees, vendors, subcontractors and its principals and stockholders will not be liable for losses as a result of Client’s use or application of services or deliverables provided under this Agreement or ideas, strategies, or concepts derived from same. SeniorMarketing.com, its employees, vendors, subcontractors and its principals and stockholders will also not be liable for losses as a result of Client’s use or application of services or deliverables provided under this Agreement or ideas, strategies, or concepts derived from same.
Phone, email, or in-person consulting requires an appointment time, agreeable to both parties. Client will provide reasonable notice to schedule these appointments, and understands that due to the high demands on SeniorMarketing.com‘s owners’, employee’s, vendors’, and sub-contractors’ time, delays may be encountered when scheduling appointments. Client will pay long distance expenses for phone consultations as well as first class travel expenses that may result from in-person consultations, in accordance with the Agreement.
While SeniorMarketing.com will always strive to improve the financial wellbeing of its clients, the nature of the marketing business prevents us from making any non-competitive commitments unless specifically agreed to in writing as part of a separate and distinct agreement. Therefore, SeniorMarketing.com (as well as it’s owners, principals, employees, and associates, on behalf of SeniorMarketing.com as well as their own persons) expressly disclaims any obligation to consider competitive conflicts unless a separate non-compete agreement is developed and agreed to specific to each individual client and marketing situation. You acknowledge and agree to that SeniorMarketing.com would NOT have engaged in a business relationship with you if competitive issues were a consideration.
We will, however, consider entering into a non-disclosure arrangement as a separate agreement where this is a major concern. An even higher level of security is possible by requesting that only ONE of our managers be allowed to access your account, and that (s)he not be allowed to share the information with the other managers who work full time, in house, side by side with him or her. We discourage this because we believe there is a strong benefit to the client of working with a whole team as a brain-trust (they help each other solve problems and spot opportunities). Nevertheless, we recognize some clients have these concerns and will accommodate where necessary.
NON-SOLICITATION AND NON-CIRCUMVENTION
A) Nonsolicitation. While utilizing our services, and for a period of one (1) year after the termination or expiration hereof, YOU, on your own behalf or in the service or on behalf of others, shall not directly or indirectly solicit, divert or hire away, or attempt to solicit, divert or hire away, without SeniorMarketing.com ‘s express written consent, any person engaged by SeniorMarketing.com in connection with servicing your account, and with whom YOU had contact during the one (1) year period immediately preceding the termination or expiration of your services, for the purpose of engaging such person to provide services for YOU that are similar to those provided by SeniorMarketing.com under this Agreement.
B) Non-circumvention. During the term of this Agreement and for a period of one (1) year after the termination or expiration hereof, YOU, on your own behalf or in the service or on behalf of others, shall not directly or indirectly, without SeniorMarketing.com’s express written consent, solicit or attempt to solicit any entity or individual engaged by SeniorMarketing.com to perform services in connection with the your project or this agreement, for the purpose of providing the following services directly to YOU: pay per click management services, search engine optimization services, article marketing services, any internet marketing services, industry and competitive research/assessment/analysis, brand positioning/identity, marketing surveys, focus groups, business intelligence, business data mining, distribution/market strategy analysis, consumer-centric communications, web site design and related marketing, advertising and marketing consulting services.
Exceptions to this policy may be authorized by us in writing, and one will de facto be presumed to exist if we directly refer you to a vendor along with verbiage which concretely directs you to pay their bills directly, rather than through our company.
NOTICE OF REFERRAL FEES AND COMMISSIONS
NOTICE OF DIFFERENCES FROM PREVIOUS PRESENTATIONS, RECORDINGS, BOOKS, ARTICLES, and AUDIO/VISUAL RECORDINGS:
Our promoters are constantly learning and upgrading their marketing knowledge, and adjusting our systems and expertise. We accordingly can not promise to comply with any particular previous statement, philosophy, or comment made outside of this specific and binding agreement by either our principals, direct promoters, or affiliates.
TERM AND TERMINATION
A) This Agreement shall commence on the Effective Date and shall continue until terminated as provided herein.
B) Termination For Breach: Either party may terminate this Agreement upon breach of any material provision hereof by the other which breach remains uncured for a period of thirty (30) days following receipt of a written notice of the breach. In order to be effective such notice must set forth the nature of the breach with sufficient specificity to enable the recipient thereof to cure said breach.
C) Notwithstanding the foregoing, SeniorMarketing.com may terminate this Agreement immediately and without any notice to YOU in the event that YOU causes or threatens to cause SeniorMarketing.com to be in breach of any agreements that SeniorMarketing.com may have with any person or entity engaged by SeniorMarketing.com to perform services in connection with the Project or this Agreement.
D) Termination Without cause: SeniorMarketing.com may terminate this Agreement absent a breach provided that it gives thirty (30) days prior written notice to YOU.
EFFECTS OF TERMINATION
A) Upon termination of this Agreement for any reason, all provisions which by their nature are intended to survive the termination of this Agreement, shall so survive
MORE LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SENIORMARKETING.COM, ITS AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR LOST PROFITS, OR FOR ANY SPECIAL, DIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF FORM OF ACTION, EVEN IF SENIORMARKETING.COM, HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
B) IN NO EVENT SHALL SENIORMARKETING.COM, ITS AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT WHICH EXCEED THE AMOUNTS YOU ACTUALLY PAID TO SENIORMARKETING.COM, UNDER THIS AGREEMENT.
YOU, at your own expense, shall defend, indemnify, and hold harmless SeniorMarketing.com, its agents, employees, officers, affiliates, successors and assigns from any and all expenses, costs, judgments or damages, including but not limited to reasonable attorneys’ fees, with respect to any claim, action or threat of action of any kind or nature asserted against SeniorMarketing.com, its agents, employees, officers, affiliates, successors and assigns in any way arising out of or in connection with any project or the performance of this Agreement, whether such claims are brought by YOU or other third parties.
It is expressly understood that the parties are contractors independent of one another, and not joint venturers, agents or employees of one another and that neither has authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in a writing signed by both parties hereto.
Severability: The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
Release; Covenant Not To Sue.
You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials, our Services, or your use of this website, other than willful misconduct or our failure to honor an express commitment posted on the website (i.e., if we fail to deliver Materials or Services to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Except as explicitly stated otherwise, any notices shall be given by postal mail to us at 3155 East Patrick Lane, Suite 1Las Vegas, Nevada 89120-3481 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.
We use Google Adwords™ advertising service and Google Analytics™ web analytics service tracking technologies to better understand how people coming from various keyword searches use our site. We feel this empowers us to give users a better experience and deliver what they want more effectively.
You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.
General. Choice of Law, Headings and Non-waiver.
This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Connecticut, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Connecticut and that the courts located in Connecticut shall have exclusive jurisdiction over any dispute relating thereto. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.
The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, 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(s) will, rather than be stricken in their entirety, 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.
Entire Agreement; Amendment.
This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the website. This Agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.
Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.
This Agreement may not be assigned by either party without the written consent of the other party, which consent shall not be unreasonably withheld, except that SeniorMarketing.com, may, within its sole discretion, engage independent contractors or other preferred service providers to perform any or all services in connection with the Project or this Agreement.
This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which taken together will constitute but one and the same instrument. This Agreement may be executed and delivered by facsimile, and/or electronic “click wrapped” or “click through” agreements (wherein YOU agree by checking the terms and conditions box and submitting the electronic form), and the parties agree that such facsimile or “click through” execution and delivery will have the same force and effect as delivery of an original document with original signatures, and that each party may use such facsimile signatures and/or “click through” execution as evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used.
The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement. The Materials are © copyrighted by SeniorMarketing.com. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials under any circumstances.
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