TERMS OF USE
Please read these Terms of Use carefully before accessing or using A+ Seniors. These are the Terms of Use governing the use of this Site and the agreement that operates between you and A+ Seniors (Agreement). These Terms of Use set out the rights and obligations of all users regarding the use of the Site. When you create or log into an account through the Site you are automatically accepting and agreeing to the most-recent version of this Agreement. By registering you signify that you have read, understand, and agree to be bound by these Terms of Use and any other applicable law. You represent that you are over the age of 18. A+ Seniors may change these Terms of Use at any time without notice, effective upon its posting to this Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.
Privacy. A+ Seniors respects your privacy and the use and protection of your personal information. A+ Seniors’ policies concerning the collection and use of your personal information in connection with the Site are set forth in the Privacy Policy, which you should carefully review each time you visit, access, or use the Site.
License of the Site. Subject to the terms and conditions of this Agreement, A+ Seniors grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various displayed pages of the Site, and to view the information and content found thereon; and if you have a user account in good standing, then said license shall extend to the registered-user-only pages of the Site. Your unauthorized use of the Site, or any breach by you of this Agreement, automatically terminates this license.
Reservation of Rights. Nothing in this Agreement shall restrict or limit A+ Seniors’ rights, titles, or interests in or to the Site, the recorded works, or any elements or derivatives of the foregoing.
User Accounts. When you create an account with A+ Seniors, you must provide us with information that is accurate, complete, and current always. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on the Site. You are responsible for safeguarding the password that you use to access them. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Suspension or Termination of User Account. A+ Seniors may suspend or terminate your access and use of all or any part of your user account and the Site at any time, and without notice or recourse, as A+ Seniors deems advisable in its sole discretion. A+ Seniors shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content).
Intellectual Property. All intellectual property on the Site is owned by A+ Seniors or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by A+ Seniors. All content on the Site (except for personal information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the United States and other copyright laws and is the proprietary property of A+ Seniors; All rights reserved.
Indemnification. You agree to indemnify, defend, and hold harmless A+ Seniors, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your personal information, your use of the Site, or any violation of these Terms of Use, any law or the rights of any third party.
Express Consent. By submitting any information through the Site’s contact forms and pages, by subscribing to A+ Seniors’ regular or promotional e-mail lists or newsletters, or by registering with the Site, you agree that A+ Seniors may send you e-mails and other electronic messages directly and/or through the Site.
E-mail Opt-Out. You may opt-out of receiving any e-mails as described in these Terms of Use by following the instructions in the communication you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site.
Suspension or Termination of Site. A+ Seniors may suspend or terminate the function or existence of all or any part of the Site at any time, and without notice or recourse, as A+ Seniors deems advisable in its sole discretion. A+ Seniors shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content).
Your Information, Payments, and No Refunds. If you wish to place an order for goods available on the Site, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct, and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order. By selecting a product or service, you agree to pay A+ Seniors the one-time fee. All sales and payments made on or through the Site are final, irrevocable, and not subject to or eligible for refund or return, unless otherwise expressly stated in this Agreement or required by law. Certain refund requests may be considered by the A+ Seniors on a case-by-case basis and granted at the sole discretion of the A+ Seniors.
Prohibited Activities. You shall not engage in any of the following activities at any time with respect to the Site: (a) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by A+ Seniors or its licensors with respect to the Site; (b) the reproduction of the Site or any data or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by A+ Seniors herein); (c) any act that constitutes a commercial activity; (d) the systematic retrieval or copying of any information or content found on or through the Site or any servers which may host the Site to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (e) the use of any software, program, process, device, application, or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with, or impermissibly access, in whole or in part, the Site any servers which may host the Site or any data or content found thereon or therein; (f) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying, or the like in relation to the Site or any servers which may host the Site; (g) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or any servers which may host the Site; (h) any act that gains or attempt to gain unauthorized access to computer systems, networks, information, or materials through the Site or any servers which may host the Site; or (i) any other act that A+ Seniors becomes aware of and believes in good faith is improper, illegal, or harmful to the Site any servers which may host the Site, any person or entity, or the property of any person or entity.
User Representations, Warranties, and Covenants. You represent, warrant, and covenant to A+ Seniors that: (a) you are a natural person and of eighteen (18) years of age or older; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state, or local laws, which may concern the Site, any servers which may host the Site, or any information, communications, or content found on or through them.
Disclaimer of Warranties. The Site is provided “as is.” A+ Seniors and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither A+ Seniors nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous and uninterrupted. There are no warranties (express, implied, or otherwise) concerning the Site, the success, performance, functionality, reliability, or safety of the Site, or any such information, communications, content, features, products, or services that extend beyond the face of this Agreement.
Disclaimer About System Delays. You understand and acknowledge that the Site may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks that are outside of A+ Seniors’ control. Accordingly, A+ Seniors shall not be responsible for any delays, failures, losses, injuries, liabilities, or damages associated with the Site which result from any system delays, downtimes, interruptions, or other failures of or problems with the Site which are outside of A+ Seniors’ control (including, without limitation, scheduled maintenance, or network failure).
Disclaimer About Health- and Fitness-Related Statements. A+ Seniors provides its information with health and safety in mind, however, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare professional for medical care and advice, follow all safety and other instructions provided by A+ Seniors, and obtain appropriate authorization before accessing or using the A+ Seniors Site, especially if you are prone to injuries, are pregnant or nursing, are under 18 years of age, or have any other unique or special medical conditions. For the avoidance of doubt, the A+ Seniors Site is provided for informational purposes only and is not intended to diagnose any medical or healthcare condition, replace the advice of a licensed healthcare professional, or provide any medical advice, opinion, diagnosis, treatment, or guarantee. Information made available on or through the A+ Seniors Site should not be relied upon when making medical or other important healthcare decisions. Your use of the A+ Seniors Site does not create a doctor-patient, professional-client, or similar relationship between you and A+ Seniors or you and any person with A+ Seniors.
Limitation of Liability. Notwithstanding any damages that you might incur, the entire liability of the A+ Seniors and any of its suppliers under any provision of these Terms of Use and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you through the Site or $100.00 USD if you haven’t purchased anything through the Site. To the maximum extent permitted by applicable law, in no event shall A+ Seniors or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of these Terms of Use), even if A+ Seniors or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Waivers, Consents, and Certifications. You understand, acknowledge, and agree that, by accepting this Agreement, you hereby voluntarily give your full informed consent to use the Site, and accept all risks associated therewith (whether known or unknown now or in the future). You also understand, acknowledge, and agree that you have been warned about all the risks and requirements associated with the Site (whether known or unknown now or in the future), including, without limitation, the fact that that your use of or participation in a fitness, stretch program may positively or negatively affect or change your health and wellness. You further acknowledge and agree to waive all claims against A+ Seniors which relate to any physical or emotional injury which may result from your use of the Site. If you do not, cannot, or will not provide all the foregoing informed consents, provide all the foregoing waivers, or adhere to all the foregoing representations, warranties, and covenants, then you are prohibited from using the Site in any manner.
Dispute Resolution. If you have a concern or dispute about the Site, you agree to first try to resolve the dispute informally by contacting A+ Seniors.
Governing Law and Forum. This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Site’s Privacy Policy), and all disputes, controversies, and claims arising from or in connection with any of the foregoing, your access or use of the Site, and/or the parties’ relationship (whether grounded in contract, tort, statute, law, or equity), shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Arizona in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. Each party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts in Maricopa County, Arizona, United States of America, for the resolution of all disputes, controversies, and claims arising from or in connection with this Agreement.
Excused Performance. A+ Seniors is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected and said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
Entire Agreement. This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s Privacy Policy), constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns.
Contact Us. Please direct any questions you may have to A+ Seniors at [email protected].