1. ACCEPTANCE OF TERMS
Owned By
Hope For Seniors welcomes the undersigned customer (“You”). Hope For Seniors provides its service to You subject to the following Terms of Service (“TOS”), which may be updated from time to time at Hope For Seniors’s discretion with notice provided to you via e-mail. By signing up, you agree to the Terms of Service.
2. DESCRIPTION OF PRODUCTS & SERVICE
Hope For Seniors provides users with an innovative method to transmit information via SMS text messages, done through an easy-to-use web site (the “Service”).You agree that the Service may include certain communications from Hope For Seniors to You via email, such as service announcements and administrative messages, and that these communications are considered part of you signing up to Hope For Seniors. Unless explicitly stated otherwise, any new features that amplify or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS”. You are responsible for obtaining access to the Service and that access may involve other fees (such as Internet service provider or airtime charges). You are responsible for those fees. You must provide and are responsible for all equipment necessary to access the Service.
3. Hope For Seniors PRIVACY POLICY
In order to sign up, You must provide Hope For Seniors certain information. Hope For Seniors will never release Your information to anyone for any reason without prior approval by You, unless required to do so by law. As part of its service, Hope For Seniors collects the phone numbers of prospective members that access information via text message (SMS). The phone numbers collected will never be shared
4. INDEMNITY
You agree to defend, indemnify and hold Hope For Seniors, and its, officers, agents and employees, harmless from any claim, complaint, demand or lawsuit, including reasonable attorneys’ fees, made by any party due to or arising in any way out of Your subscription with Hope For Seniors or Your use of Hope For Seniors services.
5. NO RESALE OF SERVICE
Hope For Seniors service is non-transferable. You may not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. MODIFICATIONS TO SERVICE
Hope For Seniors reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
7. Hope For Seniors PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Hope For Seniors, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Hope For Seniors EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Hope For Seniors MAKES NO WARRANTY THAT (i) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hope For Seniors OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hope For Seniors SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, , GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hope For Seniors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) ANY OTHER MATTER RELATING TO THE SERVICE.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
11. NOTICE
Hope For Seniors may provide You with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
12. TRADEMARK INFORMATION
Hope For Seniors logo any trademarks and service marks and other Hope For Seniors logos and product and service names are trademarks of Hope For Seniors (“Hope For Seniors Marks”). Hope For Seniors grants, you permission to use Hope For Seniors marks on advertising brochures, sign riders and other marketing campaigns.
13. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between You and Hope For Seniors and governs your use of the Service, superseding any prior agreements between You and Hope For Seniors with respect to the Service.
Choice of Law and Forum. The TOS and the relationship between you and Hope For Seniors shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Hope For Seniors agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Virginia.
Waiver and Severability of Terms. The failure of Hope For Seniors to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Hope For Seniors account is non-transferable and any rights to Your Hope For Seniors or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
14. VIOLATIONS
Please report any violations of the TOS to Violation team at help@hope4Seniors.net
