Terms And Condition

General

California 55+ and its subsidiaries operate this website and associated web pages. Any person accessing or using California 55+ website is referred to as “you.”

Acceptance of Terms

By accessing or using any part of this website or the services provided on it or other websites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and may be modified by California 55+ from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between California 55+ and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the website or network.

Additional terms may govern use of certain websites or web pages within California 55+. In the event that any provision, term or guideline contained on a particular website or web page in California 55+ conflicts with the Terms of Use, the terms of such website or web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of California 55+

Unless specified otherwise, California 55+ offers you access to California 55+ solely for your personal and non-commercial uses. You agree to only access or use California 55+ only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from California 55+, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; damage, disable, overburden, or impair California 55+ or interfere with any other party’s use and enjoyment of California 55+; obtain or attempt to obtain any materials or information through any means not made readily accessible by California 55+ through California 55+. (Except with the expressed written permission of California 55+)

You agree that you will not access or attempt to access password-protected, secure or non-public areas of California 55+. Except with the expressed written permission of California 55+.

You agree that you will not create links from any website or web page to any page within California 55+; provided however upon prior written notice to California 55+, you may create a link directly to any of California 55+ home pages. The origin of any link to any California 55+ home page must be accompanied by a clear and prominent attribution indicating that the link is connected to California 55+ home page. By creating a link to California 55+, you agree that (a) you will not employ any technology that results in the placement of content from California 55+ in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of California 55+ from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of California 55+. California 55+ reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that California 55+ so requests.

You agree that California 55+ may in its sole discretion and at any time terminate your access to and use of California 55+, or any part thereof, with or without notice. You further agree that use of California 55+ and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, California 55+ reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through California 55+ may also be located on third party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by California 55+ to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, California 55+ does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release California 55+ from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Content Contained in California 55+

California 55+ and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on California 55+ (collectively, “Content”) is owned by California 55+ and/or third parties with all rights reserved unless otherwise noted.. California 55+ grants you a limited license to access and use California 55+ and Content solely for informational, personal and non-commercial purposes (including printing individual pages from California 55+ provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of California 55+ or Content, except with express written consent of California 55+. You understand that all third party Content posted on, transmitted through, or linked from California 55+, is the sole responsibility of the third party originator of such Content. Content is provided through California 55+ AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Move be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that California 55+ does not screen or approve third-party Content, and that California 55+ shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via California 55+, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through California 55+, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via California 55+. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to California 55+ as provided below.

You promise that you will not use California 55+ to:

Transmit any content not related to appropriate subject matters; which is misleading to others, including consumers; that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; that you do not have a right to post and transmit under any law or under contractual relationships; posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; and materials that contain 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; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to California 55+, you grant, and you represent and warrant that you have the right to grant, to California 55+ an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of California 55+ , you grant California 55+ all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on California 55+ by any party for any purpose.

California 55+ is committed to maintaining the privacy and security of any and all such information that you provide to California 55+ through California 55+ in accordance with its Privacy Policy. Please click here to review California 55+ Privacy Policy.

Applicable Law

This Terms of Use is governed by the laws of the State of [State], U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in [State], in all disputes arising out of or relating to accessing or using of California 55+. Access or use of California 55+ is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and California 55+ as a result of the Terms of Use or accessing or using California 55+ . California 55+’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of California 55+’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of California 55+ or information provided to or gathered by California 55+ with respect to such use.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and California 55+), the Terms of Use constitutes the entire agreement between you and California 55+ with respect to California 55+ and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and California 55+ with respect to California 55+. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF California 55+, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOVE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF California 55+, SERVICES AND/OR CONTENT. California 55+ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD California 55+, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO California 55+ AND/OR California 55+ AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL MOVE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF California 55+ , WITH THE DELAY OR INABILITY TO ACCESS OR USE California 55+ OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH California 55+ , OR OTHERWISE ARISING OUT OF THE USE OF California 55+ , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF California 55+ , AND ALL OTHER USE OF California 55+ , IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOVE NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING California 55+.

Copyright

All materials on California 55+ (as well as the organization and layout of California 55+ ) are owned and copyrighted or licensed by California 55+, its corporate affiliates or its third-party vendors. © California 55+ 2016 all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on California 55+ is permitted without the written permission of California 55+. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to California 55+’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.