General Terms of Use

Last updated: 1/1/2017

 

By accessing or using SecondSenior.com or our mobile application (we use the term “SecondSenior.com” to refer to our website and mobile app), you agree and intend to be legally bound by these Terms of Use, including any changes that may be posted on SecondSenior.com from time to time. You should not use SecondSenior.com if you have any objections to any of these Terms of Use.

 


Your account

  1. You must create an account in order to access or use certain features of SecondSenior.com. To do so, you must create an account by following the instructions on SecondSenior.com.
  2. You may not provide any false information to SecondSenior.com. You must keep your account information accurate and up-to-date.
  3. You may not create more than one account or create an account for anyone other than yourself other than a care recipient for whom you are legally authorized to do so. You may not transfer your account. You may not solicit login information or access an account belonging to someone else.
  4. If we disable or terminate your account, you may not create another one without our permission.
  5. You may not use your account for commercial gain. You may not send or otherwise post unauthorized commercial communications (such as spam) on SecondSenior.com. You may not offer any contest, giveaway, or sweepstakes on SecondSenior.com.
  6. You may not use SecondSenior.com if you are under the age of 18.
  7. You may not use SecondSenior.com if you, the care recipient or anyone in either of your households (i) has been the subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offense or (ii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.
  8. If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains that it does not closely relate to a user's actual name).
  9. You may not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your account and the privacy of your account information and for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent).
  10. Personal information that you submit to us is governed by our Privacy Policy.

 


Your status with the care recipient

If you have created an account and are seeking care for someone other than yourself (we use the term “care recipient” to refer to that person or you, if you are the person receiving care), then you (i) represent and warrant that you are authorized to create an account, seek care and accept these Terms of Use on the care recipient’s behalf and (ii) on behalf of the care recipient, accept these Terms of Use and agree that the care recipient will be legally bound by these Terms of Use.

 


Content you provide

  1. You hereby sell, transfer and assign to us your entire right, title and interest in and to all trademarks, trade secrets, inventions, improvements, ideas or copyrightable works, including all rights to obtain, register, perfect and enforce these proprietary interests, which relate to SecondSenior.com or content you post on SecondSenior.com. Whether during your membership or thereafter, you will execute and deliver to us such formal transfers and assignments and such other documents as we may reasonably require.
  2. You acknowledge and agree that we will own the copyright (or license, with respect to certain third party media productions) in and to any videos, films and/or still photographs in which you may be depicted or recordings of your voice, alone or with others, including any made or created by you, in connection with SecondSenior.com or marketing or business of SecondSenior.com, which we may reproduce, distribute, transmit, broadcast, adapt, publicly perform, publicly display and otherwise use worldwide, in any form or format now known or yet to be developed, including on television and Internet web sites or social media networks, in press kits, or for publicity, promotion or advertising.
  3. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about SecondSenior.com provided by you are non-confidential and shall become the sole property of ours. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  4. All content and information you post on SecondSenior.com must be honest and accurate. You may not send or post any untrue content or information. You represent and warrant that all content and information you post on SecondSenior.com is and will be true and correct in all respects.
  5. You represent and warrant that you have and will have the right to post all content and information posted by you (such as third party images, articles or links) without violation of anyone else’s rights, including their rights of privacy and intellectual property rights. SecondSenior.com has the right (but not the obligation) to edit, delete, publish or not publish anything posted by you. You, and not SecondSenior.com, are liable for content or information you post on or link to SecondSenior.com.
  6. You may not access SecondSenior.com or collect users' content or information using automated means (such as harvesting bots, robots, spiders, or scrapers).
  7. You may not upload viruses or other malicious code.
  8. You may not do anything that could disable, overburden, or impair the proper working of SecondSenior.com, such as a denial of service attack.
  9. You may, directly or through third parties, link content on or to SecondSenior.com only for the express purposes of the SecondSenior.com service, as determined by SecondSenior.com at our sole discretion.

 


User Etiquette

  1. You may not bully, intimidate, or harass any SecondSenior.com user.
  2. You may not post content that is hateful, sexist, threatening, or pornographic, or incites violence, or contains nudity or graphic or gratuitous violence or profanity.
  3. You may not use SecondSenior.com to do anything unlawful, misleading, malicious, or discriminatory.
  4. You may not facilitate or encourage any violations of this Terms of Use.
  5. You may not post content or take any action on SecondSenior.com that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on SecondSenior.com if we believe, at our discretion, that it violates this Terms of Use or the law. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we may provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we may disable your account when appropriate.

 


Termination By Us

If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, or take any action or omission that we reasonably deem inappropriate in our sole discretion, we can suspend your access to or use of SecondSenior.com or terminate your account. We may use any means we determine to identify violations of this Terms of Use.

 


Modifications to Terms of Use

We may make changes to these Terms of Use from time to time in our sole discretion and may post any such changes on SecondSenior.com. Each time changes are made, notice of these changes may be posted on the home page. Your continued use of SecondSenior.com following the posting of changes constitutes your acceptance of any such changes.

 


Modification or suspension of SecondSenior.com

You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of SecondSenior.com, or any part of SecondSenior.com, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.

 


Contact information

If you have any questions or concerns with respect to these Terms of Use or SecondSenior.com you may contact a representative of SecondSenior.com at info@secondsenior.com.

 


Electronic Communications

When you communicate with us via email or through SecondSenior.com, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 


Compliance with Laws

You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of SecondSenior.com, including employment, intellectual property laws and privacy laws.

 


Protection of SecondSenior.com Intellectual Property Rights

You acknowledge that content available through SecondSenior.com, including content in the form of text, graphics, software, music, sound, photographs, and videos, is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.

Except as otherwise noted, all content posted on SecondSenior.com is:

Copyright © 2017 SecondSenior, Inc.
All Rights Reserved

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on SecondSenior.com or any content available through SecondSenior.com.

You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from SecondSenior.com in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior our written permission.

You may not frame any trademark, logo, or other proprietary information on SecondSenior.com, without our express, prior written consent, and you may not remove or obscure the copyright notice or other notices displayed on the content.

Nothing contained in these Terms of Use or on SecondSenior.com shall be construed as conferring any license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted in these Terms of Use are reserved.

 


Trademarks/service marks

The trademarks, logos, service marks, names and tag lines, including “SecondSenior”, displayed on SecondSenior.com (collectively the “Marks”) identify SecondSenior.com’s products and services, and inform the public that SecondSenior is the source of those products and services. Nothing contained on SecondSenior.com should be construed as granting any right or license to use any Mark displayed on SecondSenior.com. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

You are also advised that we may enforce our intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use any Marks without our prior written permission.

 


Additional Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, INCLUDING RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OR CONTENT OR INFORMATION ON, SECONDSENIOR.COM OR ANY OTHER MATTER RELATING TO SECONDSENIOR.COM OR YOUR USING SECONDSENIOR.COM OR RECEIPT OF CAREGIVER SERVICES. THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 


Disclaimers of warranties with respect to use of SecondSenior.com

SECONDSENIOR.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE DO NOT MAKE ANY WARRANTY THAT SECONDSENIOR.COM MAY MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SECONDSENIOR.COM OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SECONDSENIOR.COM.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SECONDSENIOR.COM IS USED AT YOUR OWN RISK AND THAT YOU MAY BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

 


Additional Information

You agree to indemnify and hold harmless us, our affiliates, and our respective owners and representatives from and against any and all Damages resulting from or in any way connected with your use of SecondSenior.com, content you submit, post, or transmit through SecondSenior.com, your breach of these Terms of Use, or your connection to SecondSenior.com.

 


Severability of Terms

If any provision of these Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in these Terms of Use shall continue in full force and effect.

 


Applicable Law

These Terms of Use and the resolution of any dispute related to these Terms of Use or SecondSenior.com (including our privacy policy) shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the State of California applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.

 


Arbitration

THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS YOU MAY HAVE AGAINST US OR THAT RELATE IN ANY WAY TO OR ARISE OUT OF THESE TERMS OF USE OR YOUR USE OF SECONDSENIOR.COM SHALL BE FINAL AND BINDING ARBITRATION.

Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated these Terms of Use, then you and we acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, CA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF SECONDSENIOR.COM OR OUR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

In the event that the required arbitration provisions above are not enforced for any reason, any legal action or proceeding between us and you related to these Terms of Use or SecondSenior.com (including our privacy policy) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in San Diego, CA and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.

As used in these Terms of Use, “we”, “us” and “our” means and refers to SecondSenior, Inc., and “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation.”