THE FOLLOWING USE AGREEMENT (the "Agreement") governs your use of the hiddenseniorbenefits.com Website (the "Website"). It is vitally important that you read the Agreement carefully as your use of the Website will constitute your agreement to be legally bound by the terms and conditions set out in the Agreement. The Agreement also governs your use of the services and goods provided through or in connection with the Website (collectively, the "Service"). Each time you use the Service, you acknowledge that you have read the Agreement and agree to be legally bound by it. If you do not agree to be bound by the Agreement, you may not use the Service.
1. The Nature of hiddenseniorbenefits.com.
The Website acts solely as an online marketplace
for you to find and transact with other users, Members, consumers or sellers (the "Users") business
transactions related to the products or services displayed on the Service or otherwise associated
with the Service.
hiddenseniorbenefits.com is not responsible and you agree that hiddenseniorbenefits.com will bear no liability for any products, services, information or other materials displayed, purchased, or obtained by you from the Website. hiddenseniorbenefits.com does not endorse, warrant or guarantee the products or services of any user of the Website or the Service.
hiddenseniorbenefits.com is not liable for any delays, inaccuracies, errors or omissions with respect to the information posted on the Website or submitted to the Website or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information.
Any information on the Website is subject to change without notice.
2. Links
hiddenseniorbenefits.com and Affiliates may provide links to external websites or
resources for your convenience and reference only. hiddenseniorbenefits.com and Affiliates do not endorse and
are not responsible for the availability of these external websites or resources or for any content,
advertising, products, or other materials on or available from such external websites or resources.
Your use of and dealings with the owners or operators of these external websites or resources are at
your own risk. You cannot make any claim against hiddenseniorbenefits.com, its Affiliates or its service
providers arising out of your use of external websites or resources.
3. Ownership.
All of the material included on the Website, including but not
limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the
property of hiddenseniorbenefits.com and other parties. U.S. and international copyright laws protects all
Content available on the Website. Your use of the Service and the Content does not transfer to you
any ownership or other rights in the Service or the Content. You may download Content displayed on
the Website for your personal, noncommercial use only, provided you also retain all copyright and
other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit,
display, publish, sell, license, or create derivative works using any of the Content for commercial
or public purposes.
4. Acceptabme use of the website.
Your use of the Service must be lawful and
consistent with the security and reliability of the Service and the World Wide Web. In addition, the
following rules apply to your use of the Service:
5. Prohibited conduct
You must not: (a) use the Service for any illegal purpose
or for the transmission of any material that is unlawful, harassing, libelous, invasive of anothers
privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or
that infringes or may infringe the intellectual property or other rights of another, including the
sale of pornography, firearms and ammunition, living creatures and parts of endangered species,
stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b)
directly or indirectly interfere or attempt to interfere with the proper working of the Website, any
account, or any communication or transaction being conducted on our Website; (c) use any robot,
spider, other automatic device, or manual process to monitor or copy our web pages or the Content
without our prior expressed written permission; (d) take any action which imposes an unreasonable or
disproportionately large load on our infrastructure, (e) use or disclose (to anyone except
hiddenseniorbenefits.com) any information you obtain about or from other users of the Service, or you obtain
from hiddenseniorbenefits.com if such information is marked confidential, for any purpose except fulfillment
of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or
attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to
manipulate prices, compromise or attempt to compromise the security of any account, interfere or
attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or
advertising to any known User.
6. Privacy Policy and Other Privacy Related Matters
Please see our Privacy
Policy. By accepting the Agreement, and each time you use the Service, you consent to hiddenseniorbenefits.com
collection, use and disclosure of your information or Registration Data in accordance with the
Privacy Policy without any further notice or any liability to you or any other person.If any User
chooses to receive data from hiddenseniorbenefits.com or the Website as an XML feed or any other format
offered by hiddenseniorbenefits.com, such User shall develop, implement, publicly post, and at all times
adhere to the terms of a privacy policy which shall, (i) be available, at a minimum, as a clear and
conspicuous link from the main page of such Users Web site and any Web page where visitors provide
personally identifiable information, (ii) protects the privacy of the User Data pertaining to the
consumer submitting such User Data, and (iii) complies with all applicable laws, privacy laws,
rules, regulations, statutes, ordinances and treaties.
7. Disclaimer of warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT
YOUR OWN RISK. hiddenseniorbenefits.com PROVDIES THE SERVICE ON AN "AS IS" BASIS. hiddenseniorbenefits.com AND ITS
SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. hiddenseniorbenefits.com AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DO hiddenseniorbenefits.com OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S
INFORMATION REGISTRATION DATA, EXCEPT AS SET FORTH IN THE hiddenseniorbenefits.com PRIVACY POLICY, OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. hiddenseniorbenefits.com AND ITS SERVICE PROVIDERS MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR
PRIVATE INFORMATION BY MERCHANTS SELLING THROUGH THE SERVICE OR OTHER USERS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM hiddenseniorbenefits.com, AFFILIATES OR THROUGH THE
SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. While
hiddenseniorbenefits.com takes commercially reasonable steps to safeguard and to prevent unauthorized access
to your information and Registration Data, we cannot be responsible for the acts of those who gain
unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent
unauthorized access to your private information. IN NO EVENT SHALL hiddenseniorbenefits.com BE LIABLE FOR ANY
DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR
INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT
LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER hiddenseniorbenefits.com WAS
GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
8. LIMITATION OF LIABILITY
hiddenseniorbenefits.com AND ITS SERVICE PROVIDERS SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF hiddenseniorbenefits.com OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO
EVENT WILL hiddenseniorbenefits.com AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT,
TORT OR UNDER OTHER FAULT OR WRONGDOING BY hiddenseniorbenefits.com OR ITS SERVICE PROVIDERS OR ANY PERSON FOR
WHOM EITHER hiddenseniorbenefits.com OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE
AMOUNT YOU PAID TO hiddenseniorbenefits.com FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
9. INDEMNIFICATION
You agree to indemnify and hold hiddenseniorbenefits.com, its
subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or
demand, including reasonable attorneys fees, made by any third party due to or arising out of your
use of the Service, the violation of this Agreement by you, or the infringement by you, or other
user of the Service using your computer, of any intellectual property or other right of any person
or entity. Even though prohibited, people may provide information that is offensive, false, harmful,
or deceptive. hiddenseniorbenefits.com and its Service providers assume no responsibility whatsoever for such
content or actions.
10. Release
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE hiddenseniorbenefits.com AND
ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED,
ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY
NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER
EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
11. Termination
If you breach any provision of this Agreement, you may no longer
use the Service. hiddenseniorbenefits.com may, in its sole discretion, change, suspend, or terminate,
temporarily or permanently, the Service or any part of it at any time, for any reason, without
notice to you and without liability to you or any other person. If hiddenseniorbenefits.com terminates this
Agreement for any reason, it continues to apply and bind you with respect of your prior use of the
Service, including payment of any charges accrued in connection with use of the Service. Upon
termination, hiddenseniorbenefits.com may remove from the Website and permanently delete and destroy any
Content that you or others may have posted or submitted without any prior notice or liability to you
or any other person.
12. Termination
(The "Arbitration Clause"). In the event of a dispute, you and
hiddenseniorbenefits.com agree to submit to binding arbitration. The arbitration will be held before one
arbitrator on an individual basis and not as a class action. You waive any right you may have to
arbitrate a dispute as a class action. You may select any one of the following arbitration
organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave.,
Floor 10, New York, NY 10017-4605 (www.adr.org) or JAMS, 1920 Main St., Ste. 300, Irvine, CA 92614
(www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the
organization. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the
applicable rules. The arbitrator shall apply governing substantive law in making an award. The
arbitration hearing shall be conducted in the federal district in which you reside. Each party shall
be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under
applicable law. The arbitrator's award is final and binding on all parties, except that the losing
party may request a new arbitration under the rules of the arbitration organization by a
three-arbitrator panel. The Federal Arbitration Act, and not any state arbitration law, governs all
arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the
arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action
rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.
You and hiddenseniorbenefits.com retain the right to sue in small claims court for a dispute within that
court's jurisdiction, unless such action is transferred, removed or appealed to a different court.
You and hiddenseniorbenefits.com do not waive the right to arbitrate by filing suit.
THIS AGREEMENT
PROVIDES THAT ALL DISPUTES BETWEEN YOU AND hiddenseniorbenefits.com WILL BE RESOLVED BY BINDING ARBITRATION
AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE
AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST hiddenseniorbenefits.com
INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT
LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION.
13. GENERAL
The Agreement comprises the entire agreement between you and
hiddenseniorbenefits.com and supersedes all prior agreements regarding the subject matter contained herein,
provided, however, that in the case of Users who are sellers and who have entered into separate
agreements ("Seller Agreements") with hiddenseniorbenefits.com related to the display of advertising materials
related to their products or services or their availability, the obligations of the parties related
to the Services shall be controlled by the terms of such Seller Agreements in the event of any
inconsistency between such Seller Agreements and the Agreement. hiddenseniorbenefits.com may amend the terms
and conditions of this Agreement (the "Amended Terms") from time to time. If you continue to use the
Service after the Amended Terms become effective, you are deemed to have agreed to be bound by the
Amended Terms. If you do not agree to the Amended Terms, then you agree not to use the Service. Your
continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement
and its Amended Terms, if any; and (b) agreement by you to abide and be bound by the Agreement and
its Amended Terms, if any. Except as set forth below, you must make all notices to hiddenseniorbenefits.com in
writing via e-mail addressed to [email] . If you
believe that any content posted on the Website infringes any of your intellectual property rights or
the intellectual property rights of any third party, you must promptly provide the following notice
in writing to hiddenseniorbenefits.com to [email]
(hiddenseniorbenefits.com may change this address at any time by posting a notice to the Website): (a) a
physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to
have been infringed, or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site; (c) identification of the
material that is claimed to be infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information reasonably sufficient to permit us
to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a
statement that you have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent or the law; and (f) a statement under penalty of
perjury that the information in the notification is accurate and that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The
Agreement shall be governed by and construed in accordance with the laws of the State of Utah
(without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is
held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions remaining in full force and effect. The
failure of hiddenseniorbenefits.com to exercise or enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision unless acknowledged and agreed to by hiddenseniorbenefits.com
in writing. The section titles in the Agreement are used solely for the convenience of the parties
and have no legal or contractual significance.