Terms of Use for Senior-Alert-Connect
Effective Date: September 30, 2024
Welcome to Senior-Alert-Connect. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.
Welcome to www.senior-alert-connect.com (the “Site”), a website owned and operated by Senior-Alert-Connect, LLC and its affiliates (“Senior-Alert-Connect”, “we” or “us”). Senior Alert Connect provides its products and services to you subject to the following terms and conditions (this “Agreement”). If you visit www.senior-alert-connect.com, you accept this Agreement. Please read it carefully. Additional terms may apply to a specific product or service that we offer.
1. Acceptance of Terms
By using this website, you agree to these Terms of Use and our Privacy Policy. If you do not agree to these terms, you must not use our website.
2. Our Offerings
Senior Alert Connect is not responsible for, and reserves the right to correct all, errors on the Site, including, without limitation, any pricing errors or misdescriptions of products or services. Actual products and services available may differ slightly from their depiction on the Site, and my not be available for purchase, delivery to or use in all locations. While we endeavor to maintain the Site current, we make no representation as to the accuracy or completeness of any Site content, including, without limitation, information about our product and service offerings.
3. Errors
In the event a product or service is listed at an incorrect price or with incorrect information due to a typographical or other error in pricing or product information on the Site, we shall have the right to correct the error and refuse or cancel any orders placed at the incorrect price. We shall have the right to refuse or cancel any pending orders affected by the error whether or not the order has been confirmed and payment has already been collected.
4. Changes to Terms
We reserve the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting on this site. Your continued use of the website after changes are posted constitutes your acceptance of the new terms.
5. User Responsibilities
You are responsible for your use of the website and for any content you submit, post, or otherwise transmit through the site. You agree not to:
● Use the website for any unlawful purpose.
● Post content that is defamatory, obscene, abusive, or otherwise objectionable.
● Interfere with the operations of the website or engage in any conduct that restricts others from using the site.
6. Account Registration
In order to access certain features of our website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your account.
7. Intellectual Property
All content included on the Site, such as trademarks, text, graphics, logos, button icons, images, articles, software, video and audio clips, digital downloads, data compilations, and software, is the property of Senior-Alert-Connect or its licensors and content suppliers and is protected by U.S. and international copyright laws. You may not use, reproduce, modify, or distribute any content without our express written permission. The compilation of all content on the Site is the exclusive property of Senior-Alert-Connect and is protected by U.S. and international copyright laws. All software used on the Site is the property of Senior-Alert-Connect or its licensors and software suppliers and is protected by U.S. and international copyright laws. We claim trademark rights in our name, logos and the look and feel of the Site (“Our Marks”). You may not use Our Marks without our prior written permission. Any third-party marks referenced on the Site are the property of their respective owners, who are not affiliated with Senior-Alert-Connect and should not be presumed to endorse any Senior-Alert-Connect product or service.
8. User Content
You retain ownership of any content you submit through the website, including comments and feedback. However, by submitting content, you grant Senior-AlertConnect a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such content in any media.
9. Reviews, Comments, Communications, And Other Content
We may make available the ability through the Site to post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. Any such submissions are acceptable so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Senior Alert Connect reserves the right, but not the obligations, to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, unless we indicate otherwise, you grant Senior Alert Connect and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Senior Alert Connect and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Senior Alert Connect for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
In addition, because the Site is a public platform, any content posted or material submitted in our discussion forums or reviews is available for other visitors of the Site to view, and is therefore not private, confidential or privileged. Content posted in a public platform may be accessed by others and may be indexed by a search engine. You should not post any personal or sensitive information to better protect your privacy.
10. Third-Party Links
Our website may contain links to third-party websites for your convenience. We do not control or endorse these sites and are not responsible for their content or practices. Use of third-party sites is at your own risk, and we encourage you to review their terms and privacy policies.
11. Limitation of Liability
To the fullest extent permitted by law, Senior-Alert-Connect shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the website, including but not limited to lost profits, data, or goodwill.
12. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
13. Dispute Resolution
Any disputes arising out of or related to these Terms of Use, the website, or your use of the site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association and shall take place in Raleigh, NC.
Any dispute or unresolved controversy arising out of or relating to this Agreement or your visit to the Site shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate Senior Alert Connect intellectual property rights, Senior Alert Connect may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs with respect to any disputes arising under this Agreement. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
14. Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of NC, without regard to its conflict of law principles.
15. Disclaimer Of Warranties And Limitation Of Liability
THIS SITE AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED BY SENIOR ALERT CONNECT ON AN “AS IS” AND “AS AVAILABLE” BASIS. SENIOR ALERT CONNECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OUR PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SENIOR ALERT CONNECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SENIOR ALERT CONNECT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.SENIOR-ALERT-CONNECT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENIOR ALERT CONNECT AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR OUR PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE OR THE DELAY OR INABILITY TO USE THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.
OUR AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION OBTAINABLE FROM THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES OBTAINABLE FROM THE SITE MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.
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.
16. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, and your use or misuse of our Site, products and services.
17. Applicable Law
By visiting www.senior-alert-connect.com, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Senior Alert Connect or its affiliates.
18. Contact Information
If you have any questions about these Terms of Use, please contact us at senioralertconnect@gmail.com.