Terms & Conditions
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SENIORS FIRST CARE LLC.
SECTION 6 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 6 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 6 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
This website is owned by SENIORS FIRST CARE LLC, (hereinafter, «SENIORS FIRST«), with registered office at 16192 Coastal Highway, Lewes, DE 19958.
Anyone who enters and/or uses this website is granted the condition of user and thereafter accepts this Agreement.
The user (hereinafter, the «User«) may contact SENIORS FIRST CARE on the following email address: email@example.com
The User assumes responsibility for the use of the SENIORS FIRST CARE website and app (hereinafter, the «Website»). The Website may provide access to a multitude of texts, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the «Content«), which belongs to SENIORS FIRST CARE or third parties and may be accessed by the User.
The User undertakes to make appropriate use of the Content provided on the Website and agrees to refrain from using it for the following purposes:
- Engaging in unlawful or illegal activities or any activities which are contrary to good faith and public order.
- Causing damage to the hardware or software of the Website of SENIORS FIRST CARE, of its suppliers or of third parties.
- Uploading or spreading computer viruses or any other hardware or software capable of causing the abovementioned damage.
- Attempting to access, use and/or tamper with the data of SENIORS FIRST CARE, third-party providers and other users.
- Reproducing, copying, distributing, allowing public access to, through any form of public communication, or transforming or modifying the contents, without the authorisation of SENIORS FIRST CARE.
- Deleting, eluding or manipulating Content covered by intellectual or industrial property rights and other data identifying the rights of SENIORS FIRST CARE or third parties incorporated into the Content, as well as the technical protection devices or any information mechanisms which may be inserted into the Content.
SENIORS FIRST CARE would like to point out that the materials contained on this Website have been included for general information purposes only, so they are not sufficient for making decisions or taking positions in a specific case.
The User should bear in mind that the materials contained on this Website may not reflect the most recent legislative or jurisprudential status of the issues analysed. Likewise, these materials may be modified, developed or updated with no prior notification.
SENIORS FIRST CARE will have the right to investigate and report any of the conducts mentioned in accordance with the Law, as well as to collaborate with the authorities in the investigation of said actions.
SENIORS FIRST CARE may temporarily suspend, without prior notice, accessibility to the Website due to maintenance, repair, upgrading or enhancement operations. However, whenever circumstances so permit, SENIORS FIRST CARE will notify the User, with sufficient forewarning, of the expected date for the suspension of the services. SENIORS FIRST CARE is not liable for the use which Users may make of the Content included on the Website.
All the intellectual property rights of the Website Content and its graphic design are the exclusive property of SENIORS FIRST CARE, or a third party which has authorised their use, so SENIORS FIRST CARE is solely responsible for exercising these rights of use. This is pursuant to the provisions of the applicable legislation on intellectual and industrial property rights.
SENIORS FIRST CARE does not grant any licence or authorisation for the use of any kind of its intellectual and industrial property rights or any other property or right related to the Website, services, or Content therein.
The reproduction and temporary storage of the Website Content is permitted whenever it is strictly necessary for the use and display of the Website on a personal device.
The legitimacy of the intellectual or industrial property rights corresponding to the Content provided by the User is their sole responsibility, so the User will hold SENIORS FIRST CARE harmless from any third-party claim arising from the unlawful use of Content on the Website.
SENIORS FIRST CARE declares to have adopted the necessary measures which, within its possibilities and the state of the art, enable the correct operation of its Website, as well as the absence of viruses and harmful components. However, SENIORS FIRST CARE may not be held liable for:
The continuity and availability of the Content.
The absence of errors in said Content or the correction of any defects which may occur.
The absence of viruses and/or other harmful components.
Damages caused by any person who may violate the security systems of SENIORS FIRST.
The contributions found on these pages have been made for information purposes only. SENIORS FIRST CARE does not guarantee the integrity, accuracy and current veracity of its Content.
SENIORS FIRST CARE assumes no responsibility for links to other web pages found on the Website and which may direct the User to other websites over which SENIORS FIRST CARE has no control whatsoever, so the inclusion of links to other websites does not imply the approval of their content by SENIORS FIRST CARE or the existence of any type of relationship between SENIORS FIRST CARE and their owners. Therefore, the User accesses the Content under their sole responsibility and according to the applicable terms and conditions of use.
This Agreement will remain in force indefinitely, and SENIORS FIRST CARE may make changes to the terms and conditions specified herein, which would take effect from the time of publication.
SENIORS FIRST CARE may delete, add or change both the Content and the services which it provides, as well as the way in which they are located or presented. The terms and conditions found on the SENIORS FIRST CARE Website whenever the User accesses said Website are understood to be in force at that time.
By accessing and/or using the Website, the User is deemed to have accepted this Agreement and its terms and conditions and, where appropriate, the changes made therein.
- Scope of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or SENIORS FIRST CARE may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.IF YOU AGREE TO ARBITRATION WITH SENIORS FIRST, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
- Arbitration Rules and Forum: This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, DE. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined- arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800- 352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totalling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
- Arbitrator Powers: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SENIORS FIRST CARE. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and SENIORS FIRST CARE.
- Waiver of Jury Trial: YOU AND SENIORS FIRST CARE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and SENIORS FIRST are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 6(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
- Waiver of Class or Consolidated Actions: YOU AND SENIORS FIRST CARE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor SENIORS FIRST CARE is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 7.
- Opt Out: You may opt out of this Arbitration Agreement. If you do so, neither you nor SENIORS FIRST CARE can force the other to arbitrate as a result of this Agreement. To opt out, you must notify SENIORS FIRST CARE in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: firstname.lastname@example.org . If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
- Survival: This Arbitration Agreement will survive any termination of your relationship with us.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and SENIORS FIRST CARE agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of Delaware for courts situated in Kent County, Delaware, or in federal court for the District of Delaware.
- No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, SENIORS FIRST CARE or any third-party provider as a result of this Agreement or use of the Website.
- Choice of Law. This Agreement is governed by the laws of the state of Delaware consistent with the Federal Arbitration Act.
- Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
- Entire Agreement. This Agreement is the final, complete and agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.