Senior Market Sales LLC Terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern use of this website (www.seniormarketsales.com) and any Senior Market Sales LLC supported website and the content therein, including mobile applications (collectively the “SMS Websites”). USE OF SMS WEBSITES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE USE OF SMS WEBSITES.
 
The SMS Websites present information and content that is owned or licensed by Senior Market Sales LLC, its parents, subsidiaries, and affiliates (collectively, “SMS”). When used in these Terms and Conditions, “we” and “our” mean SMS and “you” and “your” refers to any individual or entity that accesses or otherwise uses the SMS Websites.

Other Agreements

These Terms and Conditions apply only to use of the SMS Websites and do not modify any other agreement or contract that may exist between you and SMS (“Other Agreements”). In the event of any conflict between these Terms and Conditions and such Other Agreements, the Other Agreements govern and control.

DO NOT RELY ON THIS WEBSITE FOR YOUR FINANCIAL OR LEGAL DECISIONS

Content published on SMS Websites is for informational purposes and agent use only. Consult your financial and legal advisors, and independently verify all information whenever making any financial decision. Nothing on the SMS Websites should be construed as rendering tax, legal, investment, insurance, or accounting advice, unless otherwise expressly stated.

SCOPE OF USE

Use of the SMS Websites to perform or participate in any illegal activity is prohibited.
 
You further agree that you are solely responsible for (and that SMS has no responsibility to you or to any third party for) any content that you create, transmit, or display while using the SMS Websites or services. You likewise agree that you are responsible for the consequences of your actions (including any loss that SMS may suffer).

PROHIBITED EMAILS; ACCESS TO SMS WEBSITES

SMS’s email system is a private email system. Numerous or bulk unsolicited commercial email messages are prohibited. Emails intended to, or appearing to be intended to, harass, embarrass, threaten, defame, or impersonate any person or containing pornographic, offensive, indecent, or discriminatory matter is prohibited.  
 
You agree not to access (or attempt to access) any of the SMS Websites or services by any means other than through the interface that is provided by SMS, unless you have been specifically allowed to do so in a separate written agreement with SMS. You specifically agree not to access (or attempt to access) any of the SMS Websites or services through any automated means (including the use of scripts or web crawlers).

SECURE AREAS; PASSWORDS

Portions of SMS Websites are restricted and require authorization for access. Unauthorized use of or access to such areas is prohibited. If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE.  
 
SMS is entitled to act on instructions received under your password. Change your password immediately if you know or suspect that it has been compromised. If you suspect any unauthorized activity related to your account, you should contact SMS immediately. SMS will not be liable for any unauthorized access to your personal information that is (i) not the direct result of SMS’s intentional or negligent conduct, or (ii) the result of your failure to properly secure your password, or (iii) the result of your sharing your password with anyone else. SMS may block access to secure areas without prior notice if SMS believes that your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred, or may occur, or for other reasons.

OWNERSHIP AND USE OF CONTENT

Except as may be otherwise provided by applicable law or written agreement with SMS, all information and content on the SMS Websites, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files, photos, trademarks, service marks and trade dress is owned or licensed by SMS. The content is protected worldwide by applicable intellectual property laws. Unless you have agreed otherwise in writing with SMS, nothing in these Terms and Conditions gives you a right to use any of SMS’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may, however, make and use printouts of the content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices. SMS reserves the right to terminate, at any time, your right to make personal copies of content. You may not copy, transmit, distribute, modify, publicly perform, reuse, sell, or display any of the content for any public or commercial purpose except with the prior written consent of SMS or the owners of the materials, which they may issue in their sole discretion. In addition, you may not use the content in any other website or in a network computer environment, including framing the content within another website. Except for the limited use rights expressly provided in this paragraph, all rights in content are reserved.
 
If you have been given an explicit right to use any of these brand features in a separate written agreement with SMS, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of these Terms and Conditions, and any other applicable SMS policies that it may publish from time to time.

LICENSE

SMS gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the SMS Websites, and software or services provided thereby. This license is for the sole purpose of enabling you to use and enjoy the benefit of the SMS Websites, software, or services, in the manner permitted by these Terms and Conditions.
 
You may not (and you may not permit anyone else) to copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any software or program, unless expressly permitted or required by applicable law, or unless SMS specifically authorizes such activity in writing.

SUBMISSIONS MADE TO SMS

You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for access to certain portions of the SMS Websites and the services provided. You agree that any registration information you give to SMS will always be accurate, correct, and up-to-date.  
 
By providing information or materials to the SMS Websites (other than personal information subject to SMS’s Privacy Notice, https://www.seniormarketsales.com/privacy-policy/), you grant to SMS an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. In addition, SMS is free to use any ideas, concepts, know-how, or techniques that you may submit to SMS through the SMS Websites for any purpose, including, but not limited to, improving our services. SMS shall not be subject to any obligations of confidentiality regarding the information or materials that you submit except as specified in SMS’s Privacy Statement, as set forth in Other Agreements, or as otherwise required by law. Although SMS will make reasonable efforts to protect and secure the personal information it receives, you should remember that email submissions over the internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing or electronically submitting any personal or confidential information. SMS recommends that you encrypt personal or confidential information before submitting it over the internet.
 
You further acknowledge and agree that while SMS may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the SMS Websites (or services provided thereby) or on the amount of storage space used for the provision of any service, SMS reserves the right to fix upper limits at any time and in its sole discretion.

JURISDICTIONAL STATEMENT; UNITED STATES ONLY

The services and products described and information provided through the SMS Websites are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject SMS to any registration requirement within such jurisdiction or country. Software and other materials from the SMS Websites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. SMS prohibits your downloading or exporting of software or other material from the SMS Websites in violation of U.S. Export Laws and/or the laws of your resident country. By downloading software or other material from the SMS Websites, you represent and warrant that you are able to do so in full compliance with all applicable laws.

WARRANTY DISCLAIMER

We strive to provide accurate and up-to-date material on the SMS Websites. SMS and its licensors make no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors or inaccuracies. YOUR USE OF THE SMS WEBSITES AND CONTENT IS AT YOUR OWN RISK. SMS assumes no responsibility to keep content current or to correct inaccuracies or errors in content. The content published on the SMS Websites and the operation of these sites are provided “as is” and for informational purposes only, and SMS disclaims all representations or warranties of any kind, either express or implied, including warranties of merchantability, fitness for particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Some jurisdictions may not permit certain disclaimers of warranties. In such case, SMS disclaims warranties to the fullest extent permitted by the applicable law.

YOUR RESPONSIBILITY FOR SECURITY

SMS does not warrant that the SMS Websites will operate error-free or are free from viruses, worms, Trojan horses, or other destructive or harmful code. SMS assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of content from the SMS Websites. If you download or copy content from the SMS Websites, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing current virus protection software.

LINKS

Links from the SMS Websites to a non-SMS site may be provided for users’ convenience only. SMS does not control or review these sites nor does the provision of any link imply an endorsement or association of such non-SMS sites. SMS is not responsible for and makes no representation or warranty regarding the contents, completeness or accuracy, or security of any materials on such sites. If you decide to access such non-SMS sites, you do so at your own risk.

LIMITATION OF LIABILITY

In no event shall SMS or any other party involved in creating, producing, or delivering the SMS Websites or content on SMS’s behalf be liable for any direct, incidental, special, consequential, indirect, lost profits, loss of business or data, or punitive damages arising out of your access to, or use of, or inability to access or use, the SMS Websites, or any content, or the performance of any product thereon, even if SMS is expressly advised of the possibility of such damages.

CHANGES

SMS reserves the right to change the content on the SMS Websites and services provided, including these Terms and Conditions, from time to time without prior notice. The changes may include superseding terms and conditions, specific notices, or the discontinuation or disabling of any service, program, website, or mobile application. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of the SMS Websites constitutes your acceptance of any change or update, all of which shall become controlling when posted.

GOVERNING LAW

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of Nebraska, without giving effect to conflict of law principles thereof.

RESERVATION OF RIGHTS

SMS reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address. SMS does not intend to market any products or services to children and does not knowingly collect personal information from them. By using the SMS Websites, you represent that you are at least 18 years old. If you are under 18 years old, do not use the SMS Websites.

SEVERABILITY

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision will be considered severable and the remaining provisions shall remain in full force and effect.​