Terms of Service

THIS IS A CONTRACT. Please read the following Senior Kaboodle Terms of Service ("Terms of Service", “Agreement”) carefully before participating in the Senior Kaboodle information and telephone calling service (“Web Site”, “Site”, "Service") so that you are aware of your legal rights and obligations as a user of Senior Kaboodle and its affiliates and subsidiaries (individually and collectively, "we," "us," “Senior Kaboodle”). BY VISITING THIS WEBSITE, http://www.senior-kaboodle.com AND PARTICIPATING IN THE TELEPHONE CALLING SERVICE, YOU, (“USER[S]”, “PURCHASER”, “SUBSCRIBER”, “RECIPIENT”, “PARTICIPANTS”), EITHER AN INDIVIDUAL OR A SINGLE ENTITY OR YOUR QUALIFIED LEGAL REPRESENTATIVE (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS TERMS of SERVICE; and (II) REPRESENT THAT YOU ARE OF LEGAL AGE AND COMPETANCE TO AGREE TO THESE TERMS AND CONDITIONS. By participating in the Service, you agree to Senior Kaboodle’s Web site Terms of Service http://www.Senior-Kaboodle.com/terms.html. Please read each of the Web site Terms of Service carefully before participating. Senior Kaboodle has the right to revise this Terms of Service at any time without providing notice to its users. The most recent version of this Terms of Service can be found with the date of last modification noted at the end. We encourage you to review this Terms of Service on a regular basis to be aware of any changes. If you do not agree to the revised Terms of Service, your sole recourse is to immediately stop all use of the Site and/or Service. Your participation in the Service shall be deemed irrevocable acceptance of those revisions. BY AGREEING TO PARTICIPATE IN TELEPHONE CALLING SEVICE, YOU WILL INCUR CHARGES TO YOUR CREDIT CARD.

1. Use of the Site and Service

a. Your Account

Once you register for the Telephone Calling Service, you will have an account. You agree to immediately notify Senior Kaboodle of any unauthorized use of your account or any other breach of security known to you. Although Senior Kaboodle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Senior Kaboodle or others due to such unauthorized use. Accounts are for personal, noncommercial use only. However, Senior Kaboodle reserves the right to allow particular users to use the Web Site or Telephone Calling Service for commercial purposes pursuant to a separate written agreement. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.

In using the Senior Kaboodle Telephone Calling Service as a purchaser for a third party recipient, you may choose to purchase the Service and arrange for the recipient to be called. In that process you: 1. must include your contact and billing information; 2. promise to pay for the use of the service;3. warrant us that you have the permission of the recipient for Senior Kaboodle to act as an agent, giving Senior Kaboodle, the Service, permission to undertake the Telephone Calling Service to the recipient third party on your behalf; 4. acknowledge that the recipient may incur charges from their own carrier for each Service call received. 5. acknowledge that your subscription offer may be rejected or refused by your intended recipient, 6. agree to the full Terms of Use of the Senior Kaboodle telephone calling service.

b. Standards of Conduct

Without limitation, Senior Kaboodle reserves the right to terminate your access to and use of the Site or Service if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the Senior Kaboodle Site from time to time:

1. You will not use Senior Kaboodle for any activity that violates applicable federal, state, local or international law, or for any unlawful purpose. 2. You will not use Senior Kaboodle for any activity that constitutes harassment. 3. You will not attempt to interfere with any other person's use of the Site or Service. 4. You will not use any other user's personal data for any purpose. 5. You will not misrepresent your identity or impersonate any person. 6. You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity. 7. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 8. You will not attempt to gain unauthorized access to Senior Kaboodle database or other computer systems or to circumvent, disable or otherwise interfere with security-related features on the Site.9. You will not reformat or frame any portion of the Web pages that are part of the Site. 10. You will not use Senior Kaboodle for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Service. 11. You will not use the Site or Service or any information contained within for commercial gain. However, Senior Kaboodle reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement.

All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of Senior Kaboodle.If there are any damages resulting from any infractions of any of these Standards of Conduct, you and the recipient warrant to irrevocably waive any claim against Senior Kaboodle and also hold harmless and indemnify Senior Kaboodle

c. Violations of Agreement

You promise that you will not violate any terms of this Agreement. If you should you breach this promise, 1. in addition to any other rights it may have at law or in equity, Senior Kaboodle may immediately terminate your Service account, and 2. you may be subject to civil and/or criminal prosecution.

You may report violations of the Senior Kaboodle standards of conduct, improper account use, identity theft, and all other violations of the terms of this Agreement, to terms@Senior-Kaboodle.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

2. Representations and Warranties

a. RegistrationBy completing the subscriber registration process, you are representing and warranting that:1. You are over the age of majority and can form a legally binding contract under applicable law. 2. You have provided true, accurate, current and complete information about yourself- and the recipient- as prompted in the registration process. 3. You are not using the Site or Service for any improper or illegal purpose, and that you will act in good faith in your relationships with Senior Kaboodle and will abide by the rules set forth by Senior Kaboodle.

b. Description of ServicesThe recipient will receive a live telephone call every day of the subscription. The subscriber or the recipient may opt out of the service at any time by emailing subscriptions@senior-kaboodle.com and writing “unsubscribe” in the subject line. The basic 7-day subscription will automatically renew until cancelled. Weekly subscribers will be charged for each 7-day period in which service is to be provided. The first 7-day cycle will begin on the day the first telephone call is made. Subsequent cycles begin on the first day after the 7th calling day in the preceding cycle. At the time of registration, the purchaser may elect to obtain a discounted Service in exchange for a 30-day commitment. 30-day commitments are offered on a non-refundable basis. Service delivery may be cancelled at any time- NO REFUNDS WILL BE PROVIDED FOR EARLY CANCELLATION OF 30-DAY COMMITMENTS.

The Service consists of a daily live telephone call of approximately 5 minutes to the recipient. Senior Kaboodle reserves the right to change, modify, suspend or discontinue any portion of the Service at any time.

3. Third Party Content, Sites, and Services

The Site and/or Service contain features and functionalities that may link you or the recipient or provide you or the recipient with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Site and/or Service. We are not responsible for any third party content you access with the Site and/or Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Site and/or Service, including the delivery of and payment for goods and services.

4. Privacy and Security

Senior Kaboodle has established a Privacy Policy, explaining to its users how their information is collected and used. You can read the Privacy Policy by visiting: http://www.Senior-Kaboodle.com/privacy.html

Your use of the Site and/or Service signifies acknowledgment of and agreement to Senior Kaboodle’s Privacy Policy. You further acknowledge and agree that Senior Kaboodle may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Senior Kaboodle, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

Senior Kaboodle uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by subscribers for themselves and the recipients in a secure operating environment that is not available to the public and to honor your privacy, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, you acknowledge that we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing your personal information.

5. Disputes

If there is a dispute between users and any third party, you understand and agree that Senior Kaboodle is under no obligation to become involved. In the event that you have such a dispute, you hereby release Senior Kaboodle, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our web site and/or Service.

6. Disclaimer of Warranty

Senior Kaboodle intends for the information contained on its Web Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, Senior Kaboodle may make changes and improvements to the information provided herein at any time.

SENIOR KABOODLE PROVIDES THE WEB SITE AND TELEPHONE CALLING SERVICE TO YOU AND TO THE RECIPIENT "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK AND THE RISK OF THE RECIPIENT WHOSE PERMISSION AND AGREEMENT YOU HAVE OBTAINED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SENIOR KABOODLE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE OR SERVICE. SENIOR KABOODLE DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, PROGRAMS, INSTRUCTIONS, OR COMPONENTS.YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE PERFORMANCE OR USE OF THIS SITE AND CALLING SERVICE REMAINS WITH YOU THE SUBSCRIBER AND THE RECIPIENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE INFORMATION AND THE TELEPHONE CALLING SERVICE MUST NOT IN ANY WAY BE CONSTRUED TO BE MEDICAL ADVICE OR SERVICE. THE SUBSCRIBER AND/OR THE RECIPIENT MUST CONSULT THEIR MEDICAL PROVIDER.

THE INFORMATION AND THE TELEPHONE CALLING SERVICE MUST NOT IN ANY WAY BE CONSTRUED TO BE A SECURITY SERVICE. IN THE EVENT OF EMERGENCY, THE SUBSCRIBER AND/OR THE RECIPIENT MUST NOTIFY THEIR EMERGENCY SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, SENIOR KABOODLE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SENIOR KABOODLE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. Limitation of Liability

All participants, including the subscriber or purchaser and recipient, as a condition of entry into the Service, agree to release Senior Kaboodle, its parents, subsidiaries, divisions, affiliates, subcontractors, attorneys, agents and advertising, promotional or other agencies, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with involvement with the Service or otherwise participating in any aspect of the Service, or any typographical or other error in these Terms and Conditions. Senior Kaboodle makes no warranties or representations of any kind concerning the appearance, safety or performance of any service.

UNDER NO CIRCUMSTANCES WILL SENIOR KABOODLE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SENIOR KABOODLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF THE SUBSCRIBER’S OR RECIPIENT’S USE OR MISUSE OF THE SITE OR SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. SENIOR KABOODLE WILL NOT BE LIABLE FOR DAMAGES INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR TELEPHONE DEVICE FAILURE OR PECUNIARY LOSS ARISING OUT OF SUBSCRIBER’S OR RECIPIENT’S PARTICIPATION IN THE TELEPHONE CALLING SERVICE INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF SENIOR KABOODLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN ADDITION TO THE FOREGOING, SENIOR KABOODLE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR (A) ANY INCORRECT OR INACCURATE INFORMATION PROVIDED BY THE SUBSCRIBER OR THE RECIPIENT, OR FOR ANY FAULTY OR FAILED LIVE COMMUNICATIONS OR ELECTRONIC DATA TRANSMISSIONS; (B) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE SERVICE; (C) INACCESSIBILITY OR UNAVAILABILITY OF THE INTERNET OE TELEPHONE SERVICE; OR (D) ANY INJURY TO OR DEATH OF PARTICIPANTS WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE SERVICE. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO CEASE PARTICIPATION.THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, SENIOR KABOODLE’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO SENIOR KABOODLE FOR SERVICES HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

8. Indemnification

You agree to indemnify, defend and hold harmless Senior Kaboodle, and its owners, subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (ii) participation in the Telephone Calling Service.

9. Term and Termination

The term of this Agreement will commence when you visit the Web Site and register for the Service and will continue thereafter until terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly discontinue use of the Site and Service.

You agree that Senor Kaboodle, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any User and/or Recipient Content within the Service, for any reason, including, without limitation, if Senior Kaboodle believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that Senior Kaboodle will not be liable to you or to the recipient or any third-party for any termination of your access to the Service. Further, you agree not to attempt to access or use the Site or Service after said termination. Sections 5-11 will survive termination of this Agreement.

10. Modifications

Senior Kaboodle reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Senior Kaboodle’s sole discretion. The most up to date version of this Agreement will be posted on the Senior Kaboodle Site at http://www.Senior-Kaboodle.com/terms.html

As a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Modifications will become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Service whenever you visit the Site to check if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any changes.

You acknowledge that Senior Kaboodle reserves the right at any time to modify or discontinue the Site or Service (or any features or parts thereof) with or without notice and that Senior Kaboodle will not be liable to you or to your recipient or to any third party for any such modification, suspension or discontinuance.

Should you object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Service or the Site or become dissatisfied with Senior Kaboodle in any way, your only recourse is to immediately: (1) discontinue use of the Site and Service; (2) terminate your registration; and (3) notify Senior Kaboodle of termination.

Your continued use of the Site or Service following the posting of modifications will constitute your acceptance of the revised Terms of Use.

11. General

In your use of the Senior Kaboodle Site and/or Service, you may purchase goods which are provided by another person or company. The goods may be subject to separate terms between you and the company or person concerned. If so, this Agreement does not affect your legal relationship with these other companies or individuals.

This Agreement, http://www.Senior-Kaboodle.com/terms.html, as well as the Privacy policy, http://www.Senior-Kaboodle.com/privacy.html, and the Copyright policy, http://www.Senior-Kaboodle.com/copyright.html, constitute the entire agreement between you, the subscriber and the recipient, and Senior Kaboodle and governs your use of the Site or Service, superseding any prior agreements between you and Senior Kaboodle. This Agreement will be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Service will be settled by Arbitration, meeting in Essex County, Commonwealth of Massachusetts. The subscriber and/or the recipient shall nominate one arbiter; Senior Kaboodle shall nominate a second arbiter; and the first and second arbiters together shall nominate a third arbiter. All parties consent to exclusive jurisdiction in that Essex County. The failure of Senior Kaboodle to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties nevertheless agree that the Arbitrators should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You, the subscriber and the recipient, agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or the Agreement must be notified within one (1) year after such claim or cause of action arose or be forever barred.

Senior Kaboodle may give notice to you by email, a posting on our Site, or other reasonable means. You must give notice to Senior Kaboodle in writing via email or as otherwise expressly provided by Senior Kaboodle. Senior Kaboodle may broadcast, distribute or display notices or messages on the Site or through the Service to inform you of changes to Senior Kaboodle, the Site or Service, or other matters of importance; such broadcast, distributions or displays will constitute notice to you.

The Service and participation therein is void where prohibited.

©2007-2008 Senior Kaboodle; All rights reserved


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