Terms of Use Agreement
General
This page states the terms and conditions that constitute the legal agreement under which you may use this website (the “Site”), which is owned and operated by My Active Senior Inc. (“My Active Senior”). PLEASE READ THIS PAGE CAREFULLY, BECAUSE IT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES WITH RESPECT TO YOUR USE OF THE SITE. IF YOU DO NOT ACCEPT THIS TERMS OF USE AGREEMENT, DO NOT USE THIS SITE OR SUBMIT ANY INFORMATION THROUGH THE SITE. By using the Site in any manner (which includes, but is not limited to, merely accessing the Site (including in an automated manner) and/or reading its content, as well as interacting with it, whether as a registered user of the Site and/or of any service offered through the Site or otherwise), you acknowledge and agree that you have read, will abide by, and agree to be bound by these terms of use, by any additional terms that may govern certain products, services and/or information available through the Site which may be presented to you in conjunction therewith (the “Additional Terms”), and by the terms of the following additional policies and agreements, all of which are incorporated herein by this reference (collectively, the “Agreement”):
PRIVACY POLICY
As used in this agreement, the words “you” and “your” refer to each user of the Site (and any company or other entity a user may represent), including, without limitation, consumers that create a Profile or register for an Account (“My Active Senior Members”) and My Active Senior Providers (as defined below), and the words “we”, “us”, “our” and any other variation thereof refer to My Active Senior. This Agreement will remain in full force and effect as long as you are a user of the Site and your obligations hereunder and any disclaimers and limitations set forth herein (including, without limitation, those relating to indemnification, warranties and limitations of liability) shall survive any cessation of such use and/or any cessation of your use of any product, service, information and/or feature available on this Site.
By using this Site, you represent and warrant that you have the right, authority and capacity to enter into and abide by this Agreement. This Site is intended solely for users who are 18 year of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized and constitutes a violation of the Agreement.
Please note that we have no involvement with or control over the activities or providers that are described on the Site. The Site merely offers a simple way for consumers to find, learn about and, in some cases, register for enrichment activities provided by third parties (each, an “My Active Senior Provider”), and for My Active Senior Providers to promote their activities to the seniors and caregivers, family members or guardians of potential registrants.
Conflict Between Terms
In the event of a conflict between these Terms of Use, those of any Additional Terms, and/or those of the additional policies and agreements identified above, the following order of precedence will govern: first, the Additional Terms; second, the policies and agreements specified above not included within the definition of “Additional Terms”; third, these Terms of Use. In the event of a conflict between the content in any frequently asked questions or ‘FAQ section of this Site and this Agreement, the latter will govern.
Site Content
The content of this Site, such as all software, designs, text, activity schedules and provider information, graphics, logos, artwork, images, photographs, audio clips, video clips, digital downloads, documents, button icons, and other content, information and/or materials displayed on or otherwise accessible from or on the Site, including the selection and arrangements thereof (collectively, “Site Content”), is the exclusive property of My Active Senior and/or its subsidiaries, affiliates, assigns, licensors, advertisers, promotional partners, My Active Senior Providers and sponsors. Nothing in this Agreement will be interpreted to convey any rights, title or interest in or to any Site Content. The Site and the Site Content are provided to you as a convenience and for your information only. My Active Senior does not represent or warrant that: (a) the Site Content is accurate, complete, or up-to-date or that it will be updated, (b) the Site Content is free of technical inaccuracies or typographical errors, (b) the Site Content is free from changes caused by third parties, or (d) access to the Site and/or the Site Content will be free from interruptions, errors, computer viruses or other harmful components. It is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any Site Content. Under no circumstances will My Active Senior be liable for any loss or damage of any kind arising out of or relating to your use, download, reproduction, distribution and/or reliance on any Site Content.
You are hereby granted permission to access the Site Content from the Site in whole or in part, solely (a) with respect to My Active Senior Providers, in order to update your profile, upload schedules and activities or otherwise manage your subscription, and (b) for all other users, for your personal, non-commercial use of viewing and browsing through the Site, registering for activities and/or ordering products or services from the Site. This permission terminates automatically if you breach any of the terms of this Agreement. If pursuant to an express authorization from My Active Senior you download or copy Site Content from the Site, the Site Content, including all code, files, images, contained in or generated by the Site Content, and accompanying data, are deemed to be licensed to you by My Active Senior. Neither title nor intellectual property rights are transferred to you. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any Site Content comprised of software to a perceivable form. My Active Senior does not grant you any permission to use the Site Content other than the permission expressly stated in this Agreement. All other use of Site Content (in whole or in part), including, but not limited to, uploading, downloading, displaying, publishing, performing, broadcasting, transmitting, retransmitting, modifying, creating derivative works from, reproducing (whether by linking, framing, or any other method), or otherwise exploiting Site Content, are strictly prohibited without My Active Senior’s prior express written consent.
Access to the Site Content may not be lawful by certain persons or in certain countries. You also acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site, you do so at your own risk and are responsible for compliance with all local, state, federal, national and international laws, rules, regulations, ordinances, judgments, decrees and treaties (collectively, “Laws”) applicable to the jurisdiction from which you access the Site.
Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, avatars, or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site, if any, and (b) generally available third-party web browsers.
Collection of Information
To access and/or use certain services, products, information and/or features available on the Site (collectively, “Site Features”) and/or to participate in various other activities on the Site, you may be asked to and/or may otherwise choose to provide certain information. Our collection, handling and use of all information submitted by you on or through the Site (including through any “contact us” forms) will be pursuant to our Privacy Policy.
Social Media Features
You acknowledge and agree that your use any of the third party social networking features that are integrated into the Site, including, without limitation, by clicking “like” for Facebook purposes, and/or clicking “follow” for Twitter purposes, subjects you to the terms, conditions and privacy practices and policies of such third parties, and that the results of such use are determined by such third parties, which results may include publication of information regarding your use of the Site on the websites and mobile applications of such third parties. You further acknowledge and agree that by using any of the Site’s internal social networking features, including, without limitation, by clicking “share” to share any information relating to your use of the Site, such information will be disclosed to third parties selected by you and in some cases published on the Site for anyone to see.
User Content and Submissions
Any content you provide to us or the Site other than ‘personally identifiable information’ (as defined in our Privacy Policy), whether by posting, uploading, email or any other method (collectively “Submitting”), including, but not limited to, photos, messages, graphics, notes, text, information, audio, video, ratings, reviews, feedback, data, answers, questions, comments, suggestions, plans, ideas, or the like (collectively “User Content”), will be deemed to be non-confidential and non-proprietary and we shall have no obligation to protect such information from disclosure absent a written agreement to the contrary signed by an authorized representative of My Active Senior. You acknowledge and agree that the Submission of such information will in no way prevent the purchase, manufacture, use or implementation of the same or any similar products, services, plans, and ideas by My Active Senior, its affiliates, subsidiaries and related companies, and/or their respective owners, managers, officers, directors, employees, representatives, agents, contractors, service providers, suppliers, My Active Senior Providers, marketing partners, and advertisers (collectively, “Related Parties”) for any purpose whatsoever. You further acknowledge and agree that we are free to reproduce, transmit, display, publish, disclose, make derivative works from, distribute, and otherwise use any and all User Content without restriction and without attribution, compensation, royalties or other consideration to you. You hereby assign to My Active Senior (without additional consideration) all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to all User Content on a joint basis with you.
By submitting User Content to any area of the Site open to other users or the general public, you acknowledge, and agree that such User Content will be considered public information for purposes of the Privacy Policy and will not be subject to the privacy protections generally afforded your personally identifiable information.
You may not Submit User Content on the Site that is not accurate and truthful or that you did not create (unless you have express permission from the proper third party to Submit it). Without limiting the generality of the foregoing, you may not Submit a review, rating or feedback with respect to an activity or My Active Senior Provider unless you, the senior or someone that was involved with your senior’s participation in an activity or service (e.g. by taking/picking up your senior to/from the activity) has had direct experience with such activity or My Active Senior Provider. You assume all risks associated with any use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in User Content that makes you personally identifiable. We reserve the right to contact you or disclose your identity for any User Content posted that in our sole discretion violates this Agreement or any Law.
Trademarks and Service Marks
There are a number of proprietary trademarks, service marks, logos, slogans, and product designations found on this Site. By making them available on this Site, My Active Senior is not granting you by implication, estoppel, or otherwise, a license to use them in any fashion. Access to this Site does not confer upon you any license under any of My Active Senior’s or any third party’s intellectual property rights, whether by implication, estoppel, or otherwise. No My Active Senior trademark, service mark, or logo may be used as a hyperlink without My Active Senior’s prior written permission. All product or service names and other marks not owned by My Active Senior (including those of My Active Senior Providers) are the property of their respective owners. Requests to use any such third party owned names or marks should be directed to the relevant third party owner thereof.
Accounts, Passwords and Use of the Site
To use and access all available Site Features and/or to obtain additional products, information or services from My Active Senior or our Related Parties, you may be required to complete a registration process, which may include entering one or more of the following: your name; your address; a username; a telephone number; a password; and/or other profile information (as the case may be, a “Profile”). You acknowledge and agree that you are responsible for maintaining the confidentiality and security of your username, password and identification, and are fully responsible for all uses of your username, password, registration, account and/or Profile (collectively, your “Account”) and for any activity that occurs under your Account, whether or not authorized by you, including, without limitation, any fees associated with such use (including use of third party services accessed through the Site). You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data and any other information you provide to My Active Senior to keep the same accurate, current and complete; and (c) notify us immediately of any unauthorized use of your Account, or if you believe your password has been lost or stolen or any other breach of security. If you are an Senior Activity or Senior Service Provider, you represent and warrant that all information you upload to the Site, including, without limitation, general information about your company, information regarding activities, and activity schedule information, is true, complete and accurate; that you have all requisite permissions for photos/videos; that your Use of the Site does not infringe upon any intellectual property rights of third parties; and that you will update such information as needed to keep it true, complete and accurate.
By creating an Account, Submitting User Content (including your email) registering for an activity, purchasing or otherwise acquiring a deal, and/or requesting more information regarding an activity, an Activity Provider or My Active Senior, you agree that we may send you certain communications and share such information with relevant My Active Senior Providers. By accessing, using and/or registering for the Site and/or any Site Feature (irrespective of whether you are a registered user), you acknowledge, and agree that you are automatically subject to the rules of conduct set forth below. You further agree that we reserve the right, in our sole discretion and without prior notice, to suspend, modify or terminate your access to the Site and/or any registration, subscription and/or Account you may have created on the Site at any time, which, for My Active Senior Providers, includes all aspects of your subscription, such as the ability for users to see your profile and/or register for your activities.
You acknowledge, and agree that you are prohibited from using the Site for any of the following purposes, in addition to the conduct requirements listed in the Prohibited Conduct section of this Agreement:
- Creating and/or using an Account for any reason other than to use Site Features as they are intended to be used.
- Sending a message to a user for any reason other than as contemplated by a specific Site Feature.
- Deleting or revising any User Content submitted by any other person or entity.
- Forging any TCP/IP packet header or any part of the header information in any email, posting or other Submission for any reason.
Site Features that are only available to My Active Senior Members or My Active Senior Providers that have signed up for a subscription (“Subscribers”) are to be accessed and/or used only by My Active Senior Members or Subscribers (“Restricted Features”). All My Active Senior Members and Subscribers should have only one unique username with one unique password. Sharing a password or other Account information with any non-registered user for purposes of allowing a non-registered user to access or use Restricted Features will be deemed a breach of this Agreement for which we may terminate your Account immediately without notice (in addition to any other remedies available hereunder, at Law and/or in equity). Violations of the Site’s system or network security may result in civil or criminal liability. We will investigate possible violations of system or network security and may involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. If you desire to cancel your Account, you must notify us via email at info@myactivesenior.com
Prohibited Conduct
The Site may not be used in any manner that is unlawful or harmful to our rights and/or the rights of any third party (including Related Parties), or that is in violation of this Agreement. You many not attempt to: (a) alter, or destroy data on, from or through the Site or retrieve any data on, from or through the Site other than that which is made directly available to you on the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the Site or our business, operations or services, or those of any third party (including Related Parties); (e) interfere with or disrupt any computer, host, network, or telecommunications device we maintain or which is maintained by any third party (including Related Parties); (f) interfere with or disrupt the legitimate use of the Site by any person, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site or the server of any user; (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable Laws or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (h) violate the privacy rights of any party under applicable Law; (i) use any technology that is or reasonably should be known to contain software viruses, Trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any of our data, software, computing or network devices, or telecommunications equipment, or those of any authorized user or of any third party (including Related Parties); (j) use the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (such as “spam”) or commercial electronic messages even if previously solicited by the intended recipient; (k) copy (whether directly or by use of any scraping or similar techniques) any Site Content; (l) bypass the Site’s homepage via deep-linking or any other means, or frame the Site, or any Site Content without the express written permission of My Active Senior; (m) falsify identification or impersonate any person or entity, including, but not limited to, an My Active Senior representative and/or a chat room or public forum leader, host, or guide.
Compliance with Laws
You represent and warrant that your use of the Site will comply with any and all applicable Laws and that you will not restrict or inhibit any other user from using and enjoying the Site.
No Endorsement of User Content
My Active Senior does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties or any other User Content displayed on or transmitted via the Site. Any such information or material Submitted to the Site are the views and responsibility of those who Submit it, and do not necessarily represent the views of My Active Senior. The mere fact that an Activity Provider has a Profile on the Site and/or the fact that My Active Senior may offer information about and/or the ability to register for the activities of any Activity Provider on the Site do not constitute My Active Senior’s endorsement of such Activity/Service Provider.
Links and Advertisements
The Site may contain links or pointers to other websites maintained by third parties (including My Active Senior Providers), banner and general advertising, and other content provided by advertisers and other third parties (collectively, “Third Party Content”). You acknowledge and agree that the inclusion of Third Party Content on the Site does not, absent an express statement to the contrary elsewhere in the Agreement, indicate (a) an endorsement by My Active Senior of (i) any Third Party Content provider or the business practices (including the privacy policies) thereof, (ii) the goods, services, activities or information provided by any Third Party Content provider, and/or (iii) the advertising, information and/or messages conveyed in any Third Party Content, or (b) any other authorization, sponsorship, affiliation, joint venture or partnership by, with or between any Third Party Content Provider and My Active Senior and/or any Related Parties. You may from time to time enter into correspondence with Third Party Content providers or otherwise participate in the Third Party Content offered through the Site. However, all such correspondence and participation, including, without limitation, any resulting contractual agreements and activity registrations and use, are solely between you and the provider. You further agree that we are not responsible for upholding any applicable terms, conditions, policies (including privacy policies), representations or warranties made by Third Party Content providers or the purchase of goods, services and/or activities offered by Third Party Content providers. My Active Senior reserves the right to terminate a link to a third party website at any time and remove any other Third Party Content at any time. Linked and/or advertised third party websites (including those of My Active Senior Providers) are not under our control and My Active Senior is not responsible for their availability, content, advertising, activities (including relating to privacy and data security), products and/or materials, including any further links in a third party site.
It is up to you to take precautions to ensure that any third party website you navigate to using any Third Party Content on the Site is free of computer viruses, worms, Trojan horses and other items of a destructive nature. You agree that neither My Active Senior nor any Related Parties will, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Content and/or any products, services, information, content, advertising, or business practices of any Third Party Content provider and/or any linked third-party sites. If you decide to access and use linked third-party websites, you understand, acknowledge, and agree that you do so at your own risk. Any concerns with any Third Party Content and/or any third party products, services, information or websites should be directed to the provider thereof. Any website linking to the Site (a) may link to, but not replicate, the Site Content; (b) should not create a browser, border environment or frame the Site Content; (c) must not imply that we or any of our Related Parties are endorsing it or its products; (d) must not misrepresent its relationship with us; (e) must not present false information about our products or services; and (f) must not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
Activity Provider Terms
All My Active Senior Provider’s must select the following option for participating with the Site: 1) become a Subscriber. Pricing is published on the Site. All prices are subject to change at any time and from time to time in our sole discretion. In order to participate with the feature described on the Site, you must provide us with a valid credit card. A commission on each activity registration completed through the Site for one of your activities (each, an “Activity Registration”) equal to 15% of the registration fee charged by you for such Activity Registration (the “Commission”).
You acknowledge and agree that if you choose to participate on the Site as a Subscriber, you will pay us the subscription price stated on the Site (the “Subscription Fee”) which Subscription Fee we will collect by charging your credit card. The Subscription Fee stated on the Site (subject to any special promotions or discounts that may be available) is a monthly fee that will be charged to your credit card automatically each month. However, all Subscriptions are annual subscriptions that automatically renew each year unless you provide My Active Senior notice of your desire not to renew your Subscription at least sixty (60) days prior to the next renewal date. You may not terminate a paid Subscription prior to the end of the then current Subscription term. You may terminate your participation on a Pay as You Go basis at any time upon at least ten (10) days’ prior written notice to My Active Senior. Irrespective of whether you participate on a Pay for Performance basis or as a Subscriber, you agree to pay all charges set forth above without dispute as long as you participate on the Site irrespective of any claims or disputes you may have with any end user that registers for one or more of your activities.
Each time an Activity Registration is completed on the Site:
(a) We will charge the registering My Active Senior Member the appropriate registration fee (the “Registration Fee”) and then remit the Registration Fees to you via electronic transfer to an account designated by you within fourteen (14) business days of our receipt (less refunds, credits and chargebacks);
(b) We will charge your credit card or deduct from the Registration Fee (in our discretion) a $4.00 service fee (the “Service Fee”), which Service Fee is in addition to all applicable PPC Fees, Commissions, and Subscription Fees;
(c) You shall accept or reject the registration request as soon as practicable, but in any case within 36 hours. Your failure to respond to any registration request within 36 hours will be deemed a rejection of such request. In addition, you shall afford all My Active Senior Registrations and associated registrants the same rights and treat them with the same priority as they would receive if booked directly through you or your own website.
My Active Senior Member Terms
If you are a My Active Senior Member, you agree to pay for all goods, services and activities (including, without limitation, registration fees) purchased via the Site the amounts stated on the Site and authorize My Active Senior to debit your bank or other account and/or charge your credit card (depending on payment methods we may make available from time to time and, if multiple options are available, your selected payment method) for all such amounts. My Active Senior hereby reserves the right to correct any errors or inaccuracies in the descriptions of any My Active Senior Provider, activity and/or listed price regardless of whether My Active Senior discovers the error or inaccuracy before or after you purchase or register for the good, service or activity. All sales and transactions are final and no refunds or credits will be provided by My Active Senior. You must contact the relevant Senior Activity Provider to determine its refund/cancellation policy and to request/obtain any refund and/or to terminate any activity registration. My Active Senior Providers reserve the right at all times and from time to time to modify, suspend or terminate any activity (including the duration, content and/or schedule therefor) due to lack of enrollment or participation or for any other reason in their sole and absolute discretion. You acknowledge that activity registration requests submitted through the Site are not considered accepted by My Active Senior unless and until you receive confirmation from us or the Activity Provider. In most cases we will inform you as to whether your request has been accepted or rejected within 36 hours. We strongly recommend that you confirm ALL activity registrations directly with the relevant Activity Provider even after receiving confirmation from us as My Active Senior will not be responsible for any errors, defects or failures on the part of any Activity Provider or on their registration, billing or other systems, including without limitation, with respect to confirming, making or maintaining any registration, and/or with respect to the modification, termination or rescheduling of any activity or series of activities. In addition, if you discover that a registration booked through and confirmed by the Site was not actually accepted by the relevant Activity Provider, while My Active Senior may refund the registration fee paid to us if we are responsible for the error, as more fully set forth below, we will not be responsible for any inconvenience or other costs or damages you may incur as a result. You also acknowledge that by clicking on either a registration hyperlink (i.e. a button or other hyperlink leading you to an activity registration page on the Site) or a hyperlink that results in you navigating from our Site to a website owned or operated by or on behalf of an Activity Provider, your name and email address will be provided to the relevant Activity Provider for your convenience so that the Activity Provider may contact you to further discuss your interest in their activities.
Third Party Beneficiary Rights
Some of the provisions within this document are for the benefit of Related Parties. The Related Parties (whether individuals or entities) shall have the right to assert and enforce those provisions directly against you on their own behalf.
Disclaimers
SITE CONTENT AND SITE FEATURES (INCLUDING THOSE PROVIDED BY THIRD PARTIES) ARE PROVIDED BY MY ACTIVE SENIOR “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (OTHER THAN THOSE THAT MAY BE AVAILABLE TO YOU DIRECTLY FROM THIRD PARTY PROVIDERS AS AN END USER OF SUCH THIRD PARTIES PURSUANT TO THE RELEVANT THIRD PARTY’S TERMS AND CONDITIONS OF SERVICE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MY ACTIVE SENIOR MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF SITE CONTENT, SITE FEATURES, AND/OR ANY OF THE ACTIVITIES OR SERVICES DESCRIBED ON THE SITE, OR THAT THE SITE, SITE FEATURES, AND/OR THE SITE’S SERVER AND SOFTWARE WILL BE ERROR-FREE, AVAILABLE FOR UNINTERRUPTED USE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY ACTIVE SENIOR THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY SITE FEATURES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE SITE FEATURES. YOUR USE OF THE SITE AND ANY SITE FEATURES IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SITE FEATURES AND/OR ANY SITE CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIRING AND/OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT NEITHER MY ACTIVE SENIOR NOR ANY RELATED PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT (A) THE MY ACTIVE SENIOR PROVIDERS ARE THIRD PARTIES WHO ARE NOT UNDER OUR CONTROL, AND (B) WE HAVE NO LIABILITY OR RESPONSIBILITY FOR MY ACTIVE SENIOR PROVIDERS OR FOR ANY CLAIMS OR DISPUTES YOU MAY HAVE WITH ANY ACTIVITY PROVIDER REGARDING THE QUALITY, ACCURACY, COMPLETENESS, COMPETENCY, EFFECTIVENESS AND/OR TIMELINESS OF ANY ACTIVITY AND/OR ANY INSTRUCTOR, COACH, GUIDE OR OTHER PERSONNEL THAT RUNS ANY ACTIVITY ON BEHALF OF AN ACTIVITY PROVIDER, (D) WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY ACTIVITY PROVIDER AND/OR ANY ACTIVITY, INCLUDING, WITHOUT LIMITATION, THE LICENSURE STATUS AND/OR OTHER QUALIFICATIONS THEREOF, (E) ALL CLAIMS, DISPUTES, PROBLEMS, ISSUES AND/OR COMPLAINTS REGARDING ANY ACTIVITY PROVIDER AND/OR ANY ACTIVITY MUST BE ADDRESSED DIRECTLY WITH THE RELEVANT ACTIVITY PROVIDER, PROVIDED, HOWEVER, THAT WE RESERVE THE RIGHT (BUT ARE NOT OBLIGATED) TO DEFINITIVELY RESOLVE ANY OF THE SAME, WHICH RESOLUTION YOU AGREE TO BE BOUND BY, AND (F) IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE THE ACCEPTABILITY, QUALIFICATIONS AND SUITABILITY OF ANY ACTIVITY PROVIDER AND/OR THEIR PERSONNEL TO MEET YOUR NEEDS.
Indemnity; Limitation of Liability
You agree to indemnify, defend and hold My Active Senior and its Related Parties harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of, resulting from or relating to (a) your use or misuse of the Site, any Site Features, any Third Party Content, and/or any User Content you Submit, (b) your violation of applicable Law, (c) (i) for My Active Senior Providers, any registration for or participation in any activity offered by you by any person (whether or not the registration was booked through the Site), and/or your acts or omissions in connection with any interaction with and/or conduct towards any My Active Senior Member or other user of the Site and/or any participant in any of your activities, and (ii) for other users of the Site, your (and/or your children’s) acts or omissions in connection with any interaction with and/or conduct towards any Activity or Senior Service Provider, and/or (d) your violation of this Agreement (including, without limitation, the failure of any representation or warranty to be or remain true). MY ACTIVE SENIOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR FAILURE TO COMPLY WITH THIS AGREEMENT. You agree that neither My Active Senior nor any of its Related Parties will have any liability or responsibility to you for any loss or damage under any theory of liability or indemnity arising from or relating to your failure to comply with this Agreement and/or in connection with your use of the Site and/or any Site Features. You hereby release and forever waive any and all claims you may have against My Active Senior and its Related Parties for losses or damages you sustain in connection with your use of the Site and/or any Site Features. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL MY ACTIVE SENIOR OR ANY OF ITS RELATED PARTIES BE LIABLE FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST DATA OR PROFITS, RESULTING FROM ACCESS TO, USE OF OR INABILITY TO USE THE SITE AND/OR ANY SITE FEATURE, ARISING OUT OF OR RELATING TO ANY PERSON’S REGISTRATION AND/OR PARTICIPATION IN OR MANAGEMENT OR CONDUCT OF ANY ACTIVITY (WHETHER OR NOT BOOKED THROUGH THE SITE AND WHETHER AS A PROVIDER OR CONSUMER), OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF ONE OR MORE OF MY ACTIVE SENIOR AND ANY RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. WE ALSO EXPRESSLY DISCLAIM ALL LIABILITY RESULTING FROM EVENTS BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FIRE, SHORTAGE OF LABOR OR MATERIALS, INCLEMENT WEATHER, INSURRECTION, TERRORISM, AND ACTS OF GOVERNMENT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO MY ACTIVE SENIOR IN THE PREVIOUS MONTH DIRECTLY FOR USE OF THE SITE, IF ANY. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. We reserve the right to take exclusive control and defense of any claim subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.
Modification or Discontinuance of the Site
At any time and from time to time, without notice to you, and for any or no reason in our sole and absolute discretion, My Active Senior may modify, suspend or discontinue, in whole or in part and on a temporary or permanent basis (and for one, some or all users), any or all aspects of the Site, including, without limitation, any Site Features. You understand, acknowledge, and agree that My Active Senior will not be liable to you or any third party in connection with or as a result of any such modifications, suspensions or discontinuances. We also may terminate your Account or Membership in the event of any breach of or other failure to comply with this Agreement. All of our rights described in this paragraph are cumulative and not exclusive and will be in addition to all other rights and remedies available under this Agreement, at law or in equity.
Governing Law and Venue
This Agreement is deemed entered into in the State of Maryland and is governed by and will be construed in accordance with the internal laws of the State of Maryland, without regard to the conflict of laws principles of such jurisdiction. All proceedings, disputes, claims or controversies arising out of or relating to the Site and/or this Agreement (collectively, “Disputes”) shall be pursued, prosecuted and conducted on an individual (and not a class-wide) basis only and not in a class, consolidated or representative action. In addition, no Dispute between My Active Senior and another person or entity may be consolidated with any other Dispute between My Active Senior and any other person or entity. All Disputes shall be brought and heard exclusively (a) for those brought by you, in the state or Federal (if a basis for Federal jurisdiction exists) courts located in or nearest to Germantown Maryland, and (b) for those brought by us or any of our Related Parties in the state or Federal (if a basis for Federal jurisdiction exists) courts located in or nearest to Germantown, Maryland or in any court located in a jurisdiction in which you reside, maintain an office, are organized or incorporated, and/or from where you accessed the Site. You hereby irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum. My Active Senior controls and operates the Site from our offices in Germantown, Maryland. My Active Senior does not represent or warrant that the Site, any Site Features and/or any Site Content is appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local Laws, if and to the extent applicable.
Miscellaneous
My Active Senior’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between us and you nor trade practice shall act to modify any provision of this Agreement. My Active Senior may assign its rights and duties under this Agreement to any party at any time without notice to you. You agree that regardless of any statute or Law to the contrary, any claim or cause of action by you arising out of or related to the Site and/or this Agreement must be filed by you in an appropriate court of law within six (6) months after such claim or cause of action arose or it will be forever barred. If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, (a) such provision will be deemed amended to the least extent possible to render it valid and enforceable in a manner that preserves the original intent of the provision as much as possible, and (b) the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement or the breach thereof will be effective unless in a writing signed by the party to be charged with such waiver. No waiver of any term of this Agreement or the breach thereof will be deemed a further or continuing waiver of such term or any other term or the breach thereof. This Agreement constitutes the complete and entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior agreements and understandings, written, electronic or oral, in relation thereto, unless expressly agreed otherwise in a written agreement signed by authorized representatives of both you and us. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
Modifications and Amendments
This Agreement may not be modified or amended by you under any circumstances. We may amend or modify this Agreement (in whole or in part) at any time and from time in our sole discretion without prior notice to you by updating this page and/or posting such amendments or modifications and/or a revised version of this Agreement on the Site. You agree that you shall not be entitled to any notice of such modifications, amendments or revised versions (collectively “Amendments”) and waive any rights to the same. Such Amendments shall be effective and binding on you as a user of this Site immediately upon posting. Your use of this Site after such posting shall be deemed acceptance of the posted Amendments. Therefore, we urge you to review this Agreement frequently. Notwithstanding the foregoing, however, we may, in our sole discretion, effect an Amendment by direct notice to you, in which case the Amendment will be effective upon such notice.
Ownership
Except as set forth in the third sentence below, My Active Senior exclusively retains all intellectual property rights (including patents, trademarks, copyrights, and trade secrets) and moral rights (including, rights of attribution and authorship) throughout the world in and to all Site Content and all derivative works and improvements based thereon (as each of those terms or their equivalents is defined and applied under any applicable Law). The Site and the Site Content are protected by United States and worldwide intellectual property and other Laws, including, without limitation, those relating to copyrights, trademarks, privacy and publicity, and the regulation of communications, and any unauthorized copying, displaying, or other use of any of the Site Content may violate one or more of these Laws. Some Site Content on the Site is provided or reproduced with permission from third party sources, and that Site Content is the property of those third party sources. You may not reprint, republish, resell or redistribute these materials in any form or manner without our express written consent or the express written consent of the applicable rights holder. If you violate these restrictions, you may be subject to civil and criminal penalties.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to 20411 Apple Harvest Circle. H Germantown, MD 20876, or by e-mail to infor@myactivesenior,com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in this Agreement or on the Site.
Questions and Comments
If you have any questions relating to this Agreement, the Site, any Site Features, any Site Content, and/or My Active Senior, you may contact us by email at info@myactivesenior.com.
This Agreement was last updated on March 23, 2020 and became effective on such date.
Congratulation!