Modern Day Senior

Terms of Use

General
Modern Day Senior (“MDS”) is pleased to give you access to its Living MOdernDaySenior.com (the “Site”), free of charge. Your use of the Site, and all information, products and services on this Site (collectively, the “Services”) are subject to the binding legal terms set forth below (“Terms”). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. The Site contains links to other Websites. Your use of such other Websites is subject to the Terms of Use, if any, contained within each such Website. If there is any conflict between the Terms set forth below and any Terms or notices set forth on any other Website, then the terms of such other Website will control your use of that Website. Please review the Terms of Use for each Website so that you understand all of the terms that will apply.

In order to use the Services, you need Internet access. You also need equipment to access the Services, including computer, modem and other devices. You are responsible for the costs of your Internet access and the equipment needed, and MDS is not responsible for any of these costs.

Although we attempt to make sure all of the information on the Site, including but not limited to rental rates, price, square footage, photos, elevation and floorplan images, and lot size, is accurate, by continuing to use this Site, you acknowledge, understand and agree that it may not be current, accurate, or complete and that MDS. and its suppliers do not warrant or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION ON THE SITE BEFORE RELYING ON THAT INFORMATION IN ANY MANNER.

How You Can Use the Services
You may use the Services on the Site for your personal use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use, and not for further distribution or transfer to others. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained from the Services, except as set forth in this Agreement.

No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of MDS. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER MDS PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

Protecting Children
MDS strives to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.

Conduct of Registered Users and Visitors
We believe that all registered users and visitors benefit from basic rules regarding conduct while using any of the e-mail services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no MDS employee will ever ask for it) and you will not provide your billing or credit information except to make a purchase;
(3) You will not harass, threaten or abuse other people when using the Site in any manner;
(4) You will not e-mail any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
(5) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
(6) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
(7) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with MDS; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(8) You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
(9) You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
(10) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services.

Please report any violations of these Terms to postmaster@moderndaysenior.com.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your service is terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT MDS IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

Indemnity
You understand that you are personally responsible for your behavior while on the Site, and agree to indemnify and hold MDS and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, or your access to the Site, or your violation of either these Terms or the rights of any third party.

Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MDS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT MDS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.

Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MDS OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR IMDSDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF MDS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Access Restrictions; Termination
We can terminate your access to the Site or the Services at any time.

We can also change these Terms at any time, and your continued use of the Services after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to MDS if they have a good-faith belief that their protected works are being infringed.

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