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Senior Bachelor.com Terms of Use Welcome to SeniorBachelor.com! We can be reached by e-mail as follows: membersupport@SeniorBachelor.com - for general site issues privacy@SeniorBachelor.com - for privacy related issues info@SeniorBachelor.com - for all other questions or issues General Terms of Use 1. Eligibility for Newsletter Subscription or Membership. Our services are available only to individuals who are 13 years of age or older. By using SeniorBachelor, you represent and warrant that you are 13 years of age or older. If you are a minor, you should keep in mind that much of the content of SeniorBachelor is uncensored. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THIS IS INAPPROPRIATE FOR MINORS. In cases where you have authorized another individual, including a minor, to use your Account, you recognize that you are fully responsible for: (i) the online conduct of such user; (ii) controlling the users access to and use of SeniorBachelor; and (iii) the consequences of any misuse. 2. Fees. Newsletter Subscription at SeniorBachelor.com is free, but specific goods and services may require the payment of a fee. Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time. 3. SeniorBachelor.com is only a venue. To the extent that any sales of goods are services occur on our site, SeniorBachelor.com acts only as the venue for sellers to conduct sales and for interested parties to respond, and/or for advertisers to promote their products and for users to links that advertisers provide. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, minors or people acting under false pretense. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release SeniorBachelor.com (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We cannot, nor do we try to, control the information provided by other users that is made available through our system. In particular, note that all graphics displayed in listings may not reside on our servers, and we do not and cannot control these. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site. 4. Improper Activity. Without limiting any other remedies, SeniorBachelor.com may 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 our site. You may not list on our site or sell any item using our site which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation. Without limiting the foregoing, you may not list on our site or sell through our site the following: Live animals, home made beer or alcohol beverage (except if being resold and the container was initially purchased from a legally licensed retailer) or any other items as listed in 6.2. Furthermore, you may not list on our site or sell through our site any item that could cause us to violate any applicable law, statute, ordinance or regulation, including without limitation any real estate, stocks or bonds, insurance or other financial services. 5. Privacy. We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Accordingly, we have established a detailed Privacy Policy describing our information practices. However, notwithstanding anything in this Agreement or our Privacy Policy to the contrary, in some cases SeniorBachelor may permit users to post photographs and information about themselves for public review and comment. Accordingly, by submitting your photograph and/or any personal information, you thereby waive any privacy expectations you have with respect to our use of your likeness or personal information provided to us. If you do not wish to have your picture or information about yourself viewed by or disclosed to others, do not use our this aspect of SeniorBachelor. 6. Your Information. Your information includes any information you provide to us or other users during the registration process, in any public message area (including any chat rooms or through the feedback system) or through any e-mail feature (defined herein as "Your Information"). With respect to Your Information: 6.1 You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. 6.2 Your Information on SeniorBachelor.com: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 6.3 You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright
and publicity rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information. SeniorBachelor.com
will only use Your Information in accordance with our Privacy Policy. 8. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the SeniorBachelor.com site or any activities being conducted on our site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. 9. Termination. You or SeniorBachelor.com may terminate your Account at any time for any reason. Once your Account is terminated, you cannot access SeniorBachelor in any manner or for any reason without the express written consent of SeniorBachelor.com, and you cannot assist in enabling a terminated user access to SeniorBachelor using or via your Account. 10. Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your activities on SeniorBachelor, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. 11. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE SENIORBACHELOR.COM WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF SENIORBACHELOR IS AT YOUR OWN RISK. SENIORBACHELOR.COM SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON SENIORBACHELOR. SENIORBACHELOR.COM MAKES NO WARRANTY THAT SENIORBACHELOR WILL MEET YOUR REQUIREMENTS, OR THAT SENIORBACHELOR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SENIORBACHELOR.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SENIORBACHELOR OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SENIORBACHELOR. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENIORBACHELOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OFSENIORBACHELOR IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 12. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS OR AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR FOR ANY LOST PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF SENIORBACHELOR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER SENIORBACHELOR.COM, NOR ITS SUPPLIERS OR AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY 13. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service. 14. No Agency. You and SeniorBachelor.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 15. Miscellaneous. This Agreement shall be governed in all respects by the laws of the State of California without giving effect to its principles of conflicts of law, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Both parties submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Los Angeles, California. To the fullest extent permitted by applicable law, you agree that no legal actions under this Agreement shall be joined to an action involving any other current or former user, whether through class action proceedings or otherwise. SeniorBachelor.com does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In addition, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No failure or delay by a party hereto in exercising any right, remedy or power under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, remedy or power. The election of a remedy by a party hereto shall not constitute a waiver of the right of such to pursue other available remedies. This Agreement sets forththe entire understanding and agreement between us with respect to the subject matter hereof. We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective upon posting on our site. This Agreement may not be otherwise amended except in a written form signed by both parties. |
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