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Website Terms of Use
Version 1.0
The Sierra Seniors website located at https://www.sierraseniors.org
is a copyrighted work belonging to Sierra Senior Services. Certain
features of the Site may be subject to additional guidelines, terms, or
rules, which will be posted on the Site in connection with such
features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions
that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE
BEING COMPLIANT THAT THESE TERMS and you represent that you have the
authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST
18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE
PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
Access to the Site
Subject to these Terms. Company grants you a
non-transferable, non-exclusive, revocable, limited license to access
the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in
these Terms are subject to the following restrictions: (a) you shall not
sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site; (b) you shall not change, make derivative
works of, disassemble, reverse compile or reverse engineer any part of
the Site; (c) you shall not access the Site in order to build a similar
or competitive website; and (d) except as expressly stated herein, no
part of the Site may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means
unless otherwise indicated, any future release, update, or other
addition to functionality of the Site shall be subject to these Terms.
All copyright and other proprietary notices on the Site must be retained
on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with
or without notice to you. You approved that Company will not be held
liable to you or any third-party for any change, interruption, or
termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that
all the intellectual property rights, including copyrights, patents,
trademarks, and trade secrets, in the Site and its content are owned by
Company or Company’s suppliers. Note that these Terms and access to the
Site do not give you any rights, title or interest in or to any
intellectual property rights, except for the limited access rights
expressed in Section 2.1. Company and its suppliers reserve all rights
not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain
links to third-party websites and services, and/or display
advertisements for third-parties. Such Third-Party Links & Ads are
not under the control of Company, and Company is not responsible for any
Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Links & Ads. You use all Third-Party
Links & Ads at your own risk, and should apply a suitable level of
caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party’s terms and
policies apply, including the third party’s privacy and data gathering
practices.
Other Users. Each Site user is solely responsible
for any and all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible for any
User Content, whether provided by you or by others. You agree that
Company will not be responsible for any loss or damage incurred as the
result of any such interactions. If there is a dispute between you and
any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our
officers, employees, agents, successors, and assigns from, and hereby
waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and
cause of action of every kind and nature, that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly
to, the Site. If you are a California resident, you hereby waive
California civil code section 1542 in connection with the foregoing,
which states: “a general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.”
Cookies and Web Beacons. Like any other website,
Sierra Seniors uses ‘cookies’. These cookies are used to store
information including visitors’ preferences, and the pages on the
website that the visitor accessed or visited. The information is used to
optimize the users’ experience by customizing our web page content
based on visitors’ browser type and/or other information.
Disclaimers
The site is provided on an “as-is” and “as available” basis, and
company and our suppliers expressly disclaim any and all warranties and
conditions of any kind, whether express, implied, or statutory,
including all warranties or conditions of merchantability, fitness for a
particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the site
will meet your requirements, will be available on an uninterrupted,
timely, secure, or error-free basis, or will be accurate, reliable, free
of viruses or other harmful code, complete, legal, or safe. If
applicable law requires any warranties with respect to the site, all
such warranties are limited in duration to ninety (90) days from the
date of first use.
Some jurisdictions do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. Some jurisdictions do not
allow limitations on how long an implied warranty lasts, so the above
limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or
our suppliers be liable to you or any third-party for any lost profits,
lost data, costs of procurement of substitute products, or any indirect,
consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability
to use the site even if company has been advised of the possibility of
such damages. Access to and use of the site is at your own discretion
and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to
the contrary contained herein, our liability to you for any damages
arising from or related to this agreement, will at all times be limited
to a maximum of fifty U.S. dollars (u.s. $50). The existence of more
than one claim will not enlarge this limit. You agree that our
suppliers will have no liability of any kind arising from or relating to
this agreement.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these
Terms will remain in full force and effect while you use the Site. We
may suspend or terminate your rights to use the Site at any time for any
reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under these
Terms, your Account and right to access and use the Site will terminate
immediately. You understand that any termination of your Account may
involve deletion of your User Content associated with your Account from
our live databases. Company will not have any liability whatsoever to
you for any termination of your rights under these Terms. Even after
your rights under these Terms are terminated, the following provisions
of these Terms will remain in effect: Sections 2 through 2.5, Section 3
and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that
users of our Site do the same. In connection with our Site, we have
adopted and implemented a policy respecting copyright law that provides
for the removal of any infringing materials and for the termination of
users of our online Site who are repeated infringers of intellectual
property rights, including copyrights. If you believe that one of our
users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing
material removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our
designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the
objectionable material is not authorized by the copyright owner, its
agent, or under the law; and
- a statement that the information in the notification is
accurate, and under penalty of perjury, that you are either the owner of
the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for any
damages, costs and attorney’s fees incurred by us in connection with the
written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the
last e-mail address you provided to us and/or by prominently posting
notice of the changes on our Site. You are responsible for providing us
with your most current e-mail address. In the event that the last
e-mail address that you have provided us is not valid our dispatch of
the e-mail containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes to these
Terms will be effective upon the earliest of thirty (30) calendar days
following our dispatch of an e-mail notice to you or thirty (30)
calendar days following our posting of notice of the changes on our
Site. These changes will be effective immediately for new users of our
Site. Continued use of our Site following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be bound
by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It
is part of your contract with Company and affects your rights. It
contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION
WAIVER.
Applicability of Arbitration Agreement. All claims
and disputes in connection with the Terms or the use of any product or
service provided by the Company that cannot be resolved informally or in
small claims court shall be resolved by binding arbitration on an
individual basis under the terms of this Arbitration Agreement. Unless
otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement applies to you and the Company, and
to any subsidiaries, affiliates, agents, employees, predecessors in
interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under
the Terms.
Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to
the other party a written Notice of Dispute describing the nature and
basis of the claim or dispute, and the requested relief. A Notice to
the Company should be sent to: 10040 Estates Drive, P O Box 4152,
Truckee, CA 96161. After the Notice is received, you and the Company may
attempt to resolve the claim or dispute informally. If you and the
Company do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an arbitration
proceeding. The amount of any settlement offer made by any party may
not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated
through the American Arbitration Association, an established alternative
dispute resolution provider that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties shall
agree to select an alternative ADR Provider. The rules of the ADR
Provider shall govern all aspects of the arbitration except to the
extent such rules are in conflict with the Terms. The AAA Consumer
Arbitration Rules governing the arbitration are available online at
adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall
be conducted by a single, neutral arbitrator. Any claims or disputes
where the total amount of the award sought is less than Ten Thousand
U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award
sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right
to a hearing will be determined by the Arbitration Rules. Any hearing
will be held in a location within 100 miles of your residence, unless
you reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give
the parties reasonable notice of the date, time and place of any oral
hearings. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. If the arbitrator
grants you an award that is greater than the last settlement offer that
the Company made to you prior to the initiation of arbitration, the
Company will pay you the greater of the award or $2,500.00. Each party
shall bear its own costs and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of the
ADR Provider.
Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration shall
be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating
the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the
parties.
Time Limits. If you or the Company pursues
arbitration, the arbitration action must be initiated and/or demanded
within the statute of limitations and within any deadline imposed under
the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is
initiated, the arbitrator will decide the rights and liabilities of you
and the Company, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part of
any claim. The arbitrator shall have the authority to award monetary
damages, and to grant any non-monetary remedy or relief available to an
individual under applicable law, the AAA Rules, and the Terms. The
arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is
based. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award
of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY, instead electing that all claims and
disputes shall be resolved by arbitration under this Arbitration
Agreement. Arbitration procedures are typically more limited, more
efficient and less expensive than rules applicable in a court and are
subject to very limited review by a court. In the event any litigation
should arise between you and the Company in any state or federal court
in a suit to vacate or enforce an arbitration award or otherwise, YOU
AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that
the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims
and disputes within the scope of this arbitration agreement must be
arbitrated or litigated on an individual basis and not on a class basis,
and claims of more than one customer or user cannot be arbitrated or
litigated jointly or consolidated with those of any other customer or
user.
Confidentiality. All aspects of the arbitration
proceeding shall be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This
paragraph shall not prevent a party from submitting to a court of law
any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this
Arbitration Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such specific
part or parts shall be of no force and effect and shall be severed and
the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and
limitations set forth in this Arbitration Agreement may be waived by the
party against whom the claim is asserted. Such waiver shall not waive
or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing,
either party may seek emergency equitable relief before a state or
federal court in order to maintain the status quo pending arbitration. A
request for interim measures shall not be deemed a waiver of any other
rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud and
Abuse Act, and infringement or misappropriation of the other party’s
patent, copyright, trademark or trade secrets shall not be subject to
this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement
permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within
Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree
not to export, re-export, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such
data, in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a
California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications
between you and Company use electronic means, whether you use the Site
or send us emails, or whether Company posts notices on the Site or
communicates with you via email. For contractual purposes, you (a)
consent to receive communications from Company in an electronic form;
and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Company provides to you
electronically satisfy any legal obligation that such communications
would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire
agreement between you and us regarding the use of the Site. Our failure
to exercise or enforce any right or provision of these Terms shall not
operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual
effect. The word “including” means “including without limitation”. If
any provision of these Terms is held to be invalid or unenforceable, the
other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and
enforceable to the maximum extent permitted by law. Your relationship
to Company is that of an independent contractor, and neither party is an
agent or partner of the other. These Terms, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without Company’s prior written consent,
and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may freely
assign these Terms. The terms and conditions set forth in these Terms
shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All
rights reserved. All trademarks, logos and service marks displayed on
the Site are our property or the property of other third-parties. You
are not permitted to use these Marks without our prior written consent
or the consent of such third party which may own the Marks.
Contact Information
Address: 10040 Estates Drive, P O Box 4152, Truckee, CA 96161
Email: info@sierraseniors.org
