TERMS AND CONDITIONS

These Terms and Conditions, together with any applicable Orders and other terms and attachments referencing these Terms and Conditions (collectively, the “Agreement”) form a binding agreement between you (“you” or “your”) and Sarkey's LLC. The purpose of this Agreement is to provide a framework governing your use of our website, seniorplay.org, and our services, including our software, plugins, and add-ons (collectively, the “Services”) as well as your use of our websites (“Sites”).

YOU SHOULD CAREFULLY READ THIS AGREEMENT. YOUR ACCESS TO AND USE OF OUR SITES AND SERVICES ARE GOVERNED BY THIS AGREEMENT. BY USING OUR SERVICES OR VISITING OUR SITES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL OTHER APPLICABLE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND VISITING OUR SITES.

 

1. SERVICES – LICENSE AND SUPPORT

We grant you a limited, nonexclusive, nontransferable right to access and use the Services you order from us pursuant to one or more orders (each, an “Order”), and the related documentation in accordance with this Agreement. Additional terms and conditions that apply to each type of Service may be set forth in the Order as well as in the description of our Services, which will be published on our website or otherwise made available to you. In the event of any conflict between this Agreement and the terms of any Order, the terms of the Order will control. We reserve the right to refuse to provide you with our Services in our sole discretion and without notice.

 

During the term of your Order, we will provide you with updates and support as further detailed in your account or as described on our website (“Support”). Support is only available to the customer named in the Order; we have no obligation to provide Support to any other party. Unless otherwise provided, Support does not include assistance with Third Party Products (as defined in Section 4).

We and our licensors are the owner of the Services and related documentation and retain all title and proprietary rights thereto. You neither own nor will you acquire any claim or right of ownership to any Services or associated documentation. All plug-ins and add-ons provided as part of the Services, unless otherwise stated, are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.

2. AMENDMENT TO TERMS

We may from time to time make changes to the terms of this Agreement, including our Service descriptions and Support details, and will notify you of such changes by posting them on our website or otherwise communicating them to you. You shall periodically check our website for such changes. Your continued use of our Services or Support after such changes have been communicated constitutes your agreement to the updated terms.

3. FEES, PAYMENT TERMS AND REFUNDS

You are responsible for all fees for the Services in the amounts set forth on the applicable Order/invoice, which may be posted to your account (“Fees”). Except as otherwise agreed between the parties, the Fees are not subject to change during your current term; however, we may increase Fees for the Services upon renewal.

Unless we approve of another payment method or schedule in writing, we will charge your credit card annually in advance of our provision of the Services, in most cases without invoice. If another method of payment has been approved, we will provide you an invoice via electronic mail no later than two (2) days after the invoice date to the email address(es) designated in your Order. You must keep your billing email address(es) current. Billing commences on the first day the Services are made available to you. Unless otherwise agreed by us in writing, recurring Fees will be charged/invoiced annually. Non-recurring Fees will be included on the invoice for the applicable installation or Service changes. You waive the right to dispute any charges not disputed within thirty (30) days of a charge or invoice date.

You are responsible for the payment of all governmental assessments, surcharges, and fees pertaining to its use of the Services (other than taxes on our net income). We will not charge you for any taxes if you provide us with valid certificate(s) of exemption. If you fail to provide or maintain the required tax exemption certificate(s), you shall indemnify, defend and hold us harmless from any damages or liability we incur, and we may back-bill you for all applicable taxes.

We offer a limited money-back guarantee if you are not satisfied with our Services, as further described on our website. Please contact us prior to the expiration of the guarantee if you would like to request a refund. Except as otherwise provided herein, all Services are non-cancellable and all Fees are non-refundable, and you are not entitled to any refund for any Services purchased hereunder. The amount refunded will be based on the original transaction amount in US Dollars. Any transaction fees or currency conversion fees incurred during the refund process will be the responsibility of the customer.

4. YOUR RESPONSIBILITIES AND USE RESTRICTIONS

You assume total responsibility for your and your user’s use of the Services and Sites, and you are responsible for all acts and omissions of your users in connection with receipt or use of the Services and Sites. You shall use our Services and Sites only for legitimate business and commercial purposes, and you shall not use the Services or Sites for activities which, in our sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services or Sites, including promoting hate, violence, discrimination, or intolerance. You agree to compensate, hold harmless, and defend Sarkey's LLC from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Services or Sites.

You and your users must use the Services and Sites in compliance with all applicable laws, rules and regulations, including data protection and privacy laws. If you are under 18, you may use the Services only with the involvement of a parent or guardian.

5. DATA

Except as expressly set forth herein, you retain all right, title, and interest in and to any data or information owned and provided by you when using the Services or visiting our Sites (collectively, “Your Data”). You grant Sarkey's LLC a non-exclusive, worldwide, royalty-free license to de-identify Your Data and use such data for any legally permissible purpose, provided it does not include personally identifiable information. We may collect Usage Data as specified in our Privacy Policy to improve our Services.

6. EXPORT COMPLIANCE

The Services and Sites are provided from the United States. You may not use or otherwise export or re-export the Services or Sites except as authorized by United States law and the laws of the jurisdiction in which they were obtained.

7. WARRANTIES AND DISCLAIMERS

ALL PRODUCTS, SITES AND SERVICES PROVIDED BY SARKEY'S LLC ARE PROVIDED ON AN “AS-IS” BASIS. WE MAKE NO WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. INDEMNIFICATION

You shall indemnify, defend and hold Sarkey's LLC and our officers, directors, agents and employees harmless from and against any and all Losses arising out of or relating to: (a) your violation of this Agreement; (b) your negligence or willful acts; or (c) claims by a third party arising out of your use or misuse of the Services or Sites.

9. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SARKEY'S LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. TERM AND TERMINATION

Each Service term commences upon the date of the Order and shall continue for one year unless otherwise specified. Orders will automatically renew unless either party provides written notice of non-renewal. We may terminate this Agreement or any Order at any time for any reason effective upon notice to you.

11. PRIVACY AND SECURITY

Your use of the Services and Sites is subject to the terms of our Privacy Policy, available at seniorplay.org/privacy-policy/. You are solely responsible for the security of your account and password.

12. DISPUTE RESOLUTION

The exclusive means of resolving any dispute shall be BINDING ARBITRATION administered by JAMS. You waive the right to participate in a class action or a jury trial. Any proceeding to enforce arbitration or litigation (if arbitration is held unenforceable) shall be commenced in the federal or state courts located in Pinellas County, Florida.

13. GENERAL TERMS

Neither party will use the other party’s name or logo for commercial purposes without prior written consent, except that we may include your name on our customer list. This Agreement shall be governed by and interpreted according to the laws of the State of Florida.

Notices to Sarkey's LLC shall be sent to: Sarkey's LLC 2511 Dolly Bay Dr. #105 Palm Harbor, Florida 34684 Attn: General Counsel