SeniorMobiles.Com
Terms of Service
1. Seniormobiles.com complies with state and federal civil rights laws, including the Fair Housing Act and the Americans with Disabilities Act. You agree to comply with such acts and thus agree to avoid stating any preference based on race, color, national origin, religion, handicap or any other category. To the extent that Seniormobiles.com serves as a conduit for information on the basis of which you could unlawfully discriminate against potential buyers or renters, you hereby agree to defend and indemnify seniormobilescom. 2. In connection with your use of Seniormobiles.com's website, you acknowledge and agree as follows: (a) Seniormobiles.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals; (b) Seniormobiles.com does not render legal, brokerage, or other professional advice or services; (c) Seniormobiles.com is not undertaking any, and has no, fiduciary duties to either renters or buyers, including, without limitation, the obligation to inspect rental properties or to verify the veracity of information contained in a preview of your property or offers; (d) Seniormobiles.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this website; (e) Seniormobiles.com does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations, whether made by renters, buyers or sellers and all information obtained on this website must be verified independently; (f) Seniormobiles.com may make changes to its products and/or services and this website at any time and without notifying you or receiving your consent; and 3. You agree to indemnify, defend and hold Seniormobiles.com and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement and/or your use of this website. 4. ALL INFORMATION YOU RECEIVE FROM SENIORMOBILES.COM, BUYERS, RENTERS, AND/OR THE USE OF SENIORMOBILES.COM'S WEBSITE, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. SeniorMobiles.Com HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SENIORMOBILES.COM DOES NOT WARRANT THAT ANY DATA YOU RECEIVE FROM SENIORMOBILES.COM OR ANY BUYER OR RENTER WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM OR RELATED TO THE SENIORMOBILES.COM WEBSITE IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. 5. YOU HEREBY AGREE THAT IN NO EVENT SHALL SENIORMOBILES.COM OR ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE OR FROM SENIORMOBILES.COM, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE. 6. By registering your property's information, you consent to seniormobiles.com placing information about your registered property on it's website before buyers and/or renters, subject to seniormobiles.com's Privacy Policy. You agree that seniormobiles.com's website shall be used only to legitimately preview your properties and make legitimate offers in accordance with seniormobiles.com's then-current rules and procedures that may be established from time to time and only for the purposes expressly permitted under this Agreement. 7. By entering into this Agreement, you hereby represent and warrant that: (a) you will not transmit to seniormobiles.com or any buyer or renter any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; (ii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; or (iii) 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; (b) your use of our website and services will at all times comply with all applicable laws, rules, and regulations and that you will do nothing to incur liability for seniormobiles.com or cause seniormobiles.com to lose (in whole or in part) the services of seniormobiles.com's ISP's or other suppliers; (c) you have the power and authority to enter into this Agreement: if you are an individual, this includes, without limitation, that you are of the legal age in your state of residence to make contracts; (d) you are an employee, agent or representative of the properties that you are registering or registering with, and you have the authority to negotiate a purchase or rental transaction on behalf of the properties; and (e) all information supplied or to be supplied by you relating to this website and seniormobiles.com's services is and will be accurate and complete. 8. We may amend this Agreement (including, without limitation, the Terms of Use Agreement and/or our Fees and Credits Policy and/or our Privacy Policy) at any time by posting the amended terms on the seniormobiles.com website. Except as otherwise provided herein, changes to this Agreement are effective thirty (30) days after we provide you with notice of the change by email or post a notice on the website. This Agreement may not be otherwise amended except in a writing signed by both parties. 9. You hereby acknowledge and agree that, from time to time during the term of this Agreement, seniormobiles.com shall send facsimiles or emails regarding our products and services, or shall call you regarding seniormobiles.com products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls. 10. You and seniormobiles.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. 11. Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to seniormobiles.com during the registration process (in your case), or such other address as you shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to seniormobiles.com during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing. 12. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN AND DELAWARE AND ANY APPLICABLE FEDERAL LAWS, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES. ANY LEGAL ACTION OR PROCEEDING UNDER THIS AGREEMENT SHALL FIRST BE SUBJECT TO ARBITRATION. ANY ARBITRATION SHALL TAKE PLACE IN DELAWARE. ARBITRATION SHALL BE GOVERNED BY THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION SHALL BE THE SOLE REMEDY AVAILABLE TO YOU UNDER THIS AGREEMENT. SENIORMOBILES.COM SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT UNDER ANY CIRCUMSTANCES WHATSOEVER. 13. In the event that any provision of this Agreement is determined by a court to be invalid or otherwise unenforceable, such provision (or portion thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and conditions.