We may refer to you or any individual that uses our Site as "you" or "your" or a "user." If we use the term "Our Companies," in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, select unaffiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with ThePerformance.Agency.
When we use the term "Site" we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the SeniorFreebies.org domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term "Site," we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the "look and feel", as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term "Content" when we refer to them separately. When we use the term "Services" we mean any services provided as an online functionality or feature of the Site.
You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:
The Site and its entire contents, features and functionality, including, but not limited to all information, text, displays, photographs, graphics, video and audio, and the design, selection and arrangement thereof ("ThePerformance.Agency Content"), are owned by, licensed by, or provided to ThePerformance.Agency. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the ThePerformance.Agency Content and the Service.
We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any User Content. We also have no obligation to monitor or continue to monitor your use of the Site or your User Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Website, at any time for any reason or no reason at all. We do not endorse User Content, nor do we screen them.
Your User Content and/or your account are your responsibility, although we ask that you notify us if you know or suspect the security of your user identification, log-in and password may have been compromised so that we can take responsive action. But, in general, you are solely responsible for activities undertaken through your registration, profile, user account or login identification or password and you will defend and indemnify us (see the Section entitled "You Indemnify Us") for any User Content submitted, displayed, use, or transferred under the foregoing. In accordance with the foregoing, if you suspect that your log-in identification or password may have been compromised, please notify us immediately at email@example.com.
If anyone else has or may have rights to the User Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable and you will defend and indemnify us (See the Section entitled "You Indemnify Us").
On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Site by anyone who repeatedly infringes the rights of others. If you believe our Site contains elements that infringe any copyright of yours or anyone else's, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.
From time to time we may offer sweepstakes, contests, or other similar promotions ("Promotions"). Promotions vary and may require you to submit information about yourself to us. Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion. You must read and agree to these separate Terms and Conditions before entering into any such Promotion.
If the Site contains links to other sites and resources provided by third parties, such links are provided for convenience purposes only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor our Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
ThePerformance.Agency contains many Offers from third party partners and affiliates which may allow you to order, receive, or redeem various products and services by business that are not owned or operated by us. The delivery, guarantee, maintenance, and all other matters concerning your transactions with these businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee any such third party Offers and we are not liable for the accuracy, completeness, or usefulness of such information or the availability of any Offers.
OUR SITE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.
OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
You agree to first contact us at firstname.lastname@example.org for any dispute or controversy so as to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the city of San Diego, California by a single neutral arbitrator.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in San Diego, California.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
We control and operate the Site from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws, rules and regulations.
ThePerformance.Agency welcomes your feedback and suggestions about ThePerformance.Agency's programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to ThePerformance.Agency, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to ThePerformance.Agency and enable ThePerformance.Agency to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ThePerformance.Agency to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
ThePerformance.Agency has adopted the following procedure regarding copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which is located at http://www.copyright.gov/legislation/dmca.pdf.
THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying ThePerformance.Agency's Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent. ThePerformance.Agency will respond expeditiously to any claims of copyright infringement that are properly reported.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): ThePerformance.Agency
Full Address of Designated Agent to Which Notification Should Be Sent: 4953 Pacifica Dr, San Diego, CA 92109Email Address of Designated Agent: email@example.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
Last Updated on May 18, 2016