Senior Market Sales LLC Brandfolder Agreement and Terms of Use

AGREEMENT AND TERMS OF USE

Senior Market Sales (“SMS”) has developed a variety of marketing materials (“Materials”) to help you communicate with current and prospective clients and to effectively promote your business. The Materials may consist of or contain software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, pictures, white papers, press releases, datasheets and other content. By accessing or using the Materials, you agree that you have read and familiarized yourself with this Agreement (“Agreement”), that you understand its terms, and that you are bound by them in your use of the Materials. In addition, because you are accessing the Materials through this website, operated by Brandfolder, Inc. (the “Site”), you are agreeing to be bound by the Brandfolder Terms of Service located at https://brandfolder.com/agreement/#!texts/14negh88 and incorporated by reference. If you do not accept all of the terms and conditions contained in or incorporated by reference into this Agreement, please do not use the Materials.

SMS reserves the right at any time, at its sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the Materials signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, all new Materials added to the Site will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.

You may download any Materials that SMS has made available to you through the Site. SMS retains all rights and title to such Materials, but grants you the limited right to use, reproduce, republish, post, transmit and/or distribute such Materials for your personal, commercial and/or informational purposes, provided that, you do not (a) remove any proprietary notice language or disclosures from such Materials; (b) make any other modification to such Materials, with the exception of the addition of your name, business and/or contact information within the space(s) designated for such customizations; or (c) make any representation or warranty relating to such Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Site, you may not use, reproduce, republish, post, transmit or distribute any Materials.

SMS, and/or its licensors or suppliers own the Materials, as well as the design, structure, selection, coordination, expression and arrangement of such Materials, and all intellectual property rights therein and thereto. The SMS logos, trademarks, service marks or other business names are the trademarks or registered trademarks of SMS or its subsidiaries in the United States and other jurisdictions (“Trademarks”). All other company and product names may be trademarks or registered trademarks of their respective companies. The Materials and the Trademarks are protected by law, including copyright, trademark and other intellectual property laws, as well as unfair competition laws and international treaties. Other than the limited rights granted in this Agreement, nothing on the Site shall be construed as conferring to you any license in any intellectual property rights, whether by implication, estoppel or otherwise.

You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by SMS and others through the expenditure of substantial time, effort, and money and constitute valuable intellectual property and trade secrets of SMS and others. The Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof, is copyrighted as a collective work under the United States and other copyright laws, and is the property of SMS. The collective work includes works that are licensed to SMS.

You agree to follow all applicable laws and regulations when using the Materials. You may not use the Materials in any manner that could damage, interfere with, or impair the business of SMS.
Access to the Materials and your use of the Materials may be monitored by SMS, including to verify your compliance with the terms of this Agreement. You agree that any breach of this Agreement by the you or anyone acting on your behalf could cause irreparable harm to SMS for which monetary damages would be inadequate, and you agree that SMS shall be entitled to seek an injunction to restrain you from such breach without the necessity of proving actual damages or the inadequacy of monetary damages or the posting of any bond or other undertaking. Nothing in this Agreement shall be construed as preventing SMS from pursuing any remedy at law or in equity for any breach of this Agreement.