Use of the web-site located at www.seniortravelgenie.com (the "Web-site") and the services available from the Web-site are subject to the following Terms and Conditions ("T&Cs"). Please read these T&Cs carefully before using or registering with the Web-site. Your use of the Web-site is expressly conditioned on your acceptance of these T&Cs. If you do not agree with any part of these T&Cs you must not use this site.
The Web-site is owned and operated by Senior E-Commerce, a Nevada corporation d/b/a Senior Travel Genie. Some of the content found on the Web-site is owned by members, some of the content found on the Web-site is owned by other third party providers, and some of the content found on the Web-site is owned by Senior Travel Genie.
In order to submit travel tips, photographs and/or reviews to and obtain other benefits and services from the Web-site, you must first register. You agree you will: (a) provide accurate and complete information when prompted to do so by any registration form, and (b) maintain and update such information so it remains accurate and complete.
Your privacy is important to Senior Travel Genie. All information gathered from you in connection with your use of the Web-site will be governed by the provisions of the Web-site's Privacy Statement. You acknowledge that you have read the Senior Travel Genie Privacy Statement, the terms of which are incorporated herein, and agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information in accordance with and for the purposes set forth in such Privacy Statement.
Upon registration, you will choose a member name and password. You are responsible for keeping your member name and password confidential. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify Senior Travel Genie of any actual or suspected unauthorized use of your account and password. Senior Travel Genie will not be responsible for any loss to you arising from your failure to comply with the above. You understand that you are responsible for all uses of the Web-site by use and those using your login information.
Senior Travel Genie aims to build a premier community of member submitted senior travel content. You, the member, are the best resource for real-life travel experiences. You understand that all recommendations, opinions, text, photographs, images, information, data, or other materials submitted to the Web-site is the responsibility of the person or entity originating such Web-site Content, and Senior Travel Genie disclaims any liability with respect to such Web-site Content (see Section 14 Disclaimer below). By submitting recommendations, opinions, text, photographs, images, information, data, or other materials to the Web-site ("Member Content"), you warrant that: (a) you are the owner of such Member Content, or have been granted all the rights necessary from the owner thereof to submit such Member Content to the Web-site and for the use by Senior Travel Genie as stated herein, and (b) the use of such Member Content by Senior Travel Genie will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting Member Content to the Web-site: (a) you automatically grant to Senior Travel Genie (or warrant that the owner thereof has granted to Senior Travel Genie), a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any such Member Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you; and (ii) you agree that you will not publish, submit, or display such Member Content to or on any other commercial travel-related web-site or on-line service without Senior Travel Genie's prior written consent, which consent may be withheld by Senior Travel Genie in its discretion. Consent may be requested by sending an e-mail to info@seniortravelgenie.com. You understand that Senior Travel Genie will have the right (but under no circumstances will Senior Travel Genie have any obligation) to screen, edit, refuse to post or remove any Member Content, in whole or in part, from any portion of the Web-site, in its sole discretion, including, but not limited to, Member Content that violates these T&Cs or is otherwise objectionable. Senior Travel Genie reserves the right to disclose any Member Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Web-site.
You agree that you will not use the Web-site to:
You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the Web pages, data or content from the Web-site.
SENIOR TRAVEL GENIE RESERVES THE RIGHT TO REMOVE ANY MEMBER ACCOUNT AND ANY OTHER MEMBER RELATED INFORMATION FOR ANY OF THE ABOVE OFFENSES OR FOR ANY OTHER REASON IN SENIOR TRAVEL GENIE'S SOLE DISCRETION.
All Web-site Content may be protected under United States and/or foreign intellectual property laws, including, but not limited to, copyrights, trademarks, service marks, patents or other intellectual property and proprietary rights and laws. Unauthorized use of the Web-site Content may violate copyright, trademark and other laws. You must abide by all copyright notices, information or restrictions contained in or attached to any Web-site Content or portion of the Web-site.
Senior Travel Genie grants you a limited, non-transferable license to use the Web-site in accordance with these T&Cs. You may only use the Web-site for legitimate purposes for which the Web-site is available, and shall not use this site for any other purposes. The Web-site and the Web-site Content, including the text, graphics, button icons and data compilations may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written permission of Senior Travel Genie, except you may make a single copy of the Web-site Content on your hard drive or in print for your own personal, non-commercial use, provided, that you do not alter the Web-site Content. You must retain all copyright and other proprietary notices contained in the original Web-site Content on any copy you make of the Web-site Content. You also may email a single copy of product reviews to your friends or other individuals, provided that they comply with the restrictions set forth in these T&Cs.
Except as explained in the preceding paragraph, you may not modify, copy, reproduce, display, publish, publicly perform, create derivative works of, sell, transfer, transmit, compile, collect in a database, distribute or otherwise use the Web-site Content in any way for any public or commercial purpose without the express, prior permission of the Senior Travel Genie and/or the copyright holder identified in the applicable copyright notice. Requests for permission may be sent to info@seniortravelgenie.com. You may not use any "robot", "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Web-site.
If you violate any of these restrictions, your permission to use Web-site Content on the Web-site automatically terminates and you must immediately destroy any copies you have made of the Web-site Content.
"Senior Travel Genie" and "SeniorTravelGenie.com" are service marks of Senior Travel Genie. You agree not to display or use in any manner any marks of Senior Travel Genie without Senior Travel Genie's prior permission. Third party trademarks, service marks, logos and trade names appearing on the Web-site are the property of their respective owners.
Senior Travel Genie may alter, suspend or discontinue any part or service of the Web-site at any time, with or without notice. The Web-site is currently available to you free of charge. Senior Travel Genie, however, reserves the right to charge you in the future for using one or more parts or services of the Web-site. Senior Travel Genie will notify you of any fees associated with any part or service of the Web-site it may charge, and will require your subscription to that part or service of the Web-site prior to charging any such fees. In addition, Senior Travel Genie reserves the right to modify these T&Cs at any time, without notice to you. Changes to these T&Cs will become effective when Senior Travel Genie posts them here, or directly e-mails to you a notification of the changes. You agree to review these T&Cs periodically to become aware of any changes and your continued use of the Web-site will signify your assent to any modifications to these T&Cs. You further agree that these standards for notifying you of changes to these T&Cs are reasonable.
Senior Travel Genie may terminate these T&Cs and/or the provision of any of the services at any time for any reason. Additionally, Senior Travel Genie may suspend or terminate your membership and/or deny your access to, or use of Web-site Content or submission of Member Content to the Web-site, without prior notice and in its sole discretion, if Senior Travel Genie reasonably believes that:
Such termination shall not affect any right to relief to which Senior Travel Genie, its affiliates or its third party providers may be entitled at law or in equity.
Moreover, Senior Travel Genie reserves the right to terminate the membership of inactive members. You agree that upon termination, Senior Travel Genie may delete all information related to you or your membership and may deny you access to such information and the Web-site.
Upon termination of this Agreement and these T&Cs, all rights granted to you will terminate and revert to Senior Travel Genie, its affiliates and its third party providers, as applicable.
You may discontinue your participation in and access to the Web-site at any time. These T&Cs will continue to apply to all past use of the Web-site by you, even if you are no longer using it.
The Web-site, as well as third party ad servers, may provide advertisements and links to other web sites operated by third parties. These advertisements and links are provided solely as a convenience to you and not as an endorsement by Senior Travel Genie of their content, and the inclusion of such advertisements and links on the Web-site does not imply Senior Travel Genie’s endorsement of the material in such advertisements or on such other web sites. Senior Travel Genie has no control over such advertisements or web sites. Senior Travel Genie is neither responsible for the content of those external sites nor your dealings in connection with them. You agree that Senior Travel Genie does not endorse those advertisements or web sites, is not responsible for their availability or their accuracy, or for their content, advertising, products, services or other resources. You further agree that Senior Travel Genie will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with the use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or web sites.
THE WEB-SITE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. SENIOR TRAVEL GENIE DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH WEB-SITE CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEB-SITE AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON WEB-SITE CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE WEB-SITE AND MAY BE MADE AT ANY TIME.
THE WEB-SITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENIOR TRAVEL GENIE AND THE SUPPLIERS PROVIDING SERVICES SUPPORT DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEB-SITE AND ITS WEB-SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTCULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE WEB-SITE CONTENT, PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE WEB-SITE, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF THE WEB-SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE WEB-SITE. ALTHOUGH THE WEB-SITE CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE WEB-SITE MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. SENIOR TRAVEL GENIE DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF WEB-SITE CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.
ALTHOUGH SENIOR TRAVEL GENIE INTENDS TO TAKE REASONABLE MEASURES TO PREVENT THE INTRODUCTION OF DESTRUCTIVE MATERIALS TO THE WEB-SITE, SENIOR TRAVEL GENIE DOES NOT WARRANT THAT THE WEB-SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR OR DESTRUCTIVE MATERIALS. SENIOR TRAVEL GENIE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS SUFFERED OR ALLEGEDLY SUFFERED IN THE EVENT OF A FAILURE OR INTERRUPTION OF THE WEB-SITE OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE WEB-SITE AVAILABLE TO YOU, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF SENIOR TRAVEL GENIE OR OF ANY SUPPLIER PROVIDING SERVICES SUPPORT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE AFOREMENTIONED DISCLAIMERS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Senior Travel Genie or its affiliates, content providers or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
YOU AGREE THAT NEITHER SENIOR TRAVEL GENIE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEB-SITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THE WEB-SITE, (B) YOUR RELIANCE ON WEB-SITE CONTENT, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THE WEB-SITE, EVEN IF SENIOR TRAVEL GENIE OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SENIOR TRAVEL GENIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB-SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Senior Travel Genie its officers, directors, affiliates, employees, consultants, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these T&Cs, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Member Content provided by you or from your violation of any applicable law.
These T&Cs contain the entire understanding and agreement between you and Senior Travel Genie with respect to the subject matter contained herein and supersede all prior oral or written understandings and agreements relating thereto, except as otherwise expressly provided. These T&Cs cannot be amended, supplemented or changed except as provided in Section 10, and no provision hereof can be waived, in whole or in part, except by written instrument making specific reference to such waiver and these T&Cs signed by Senior Travel Genie. No failure or delay by Senior Travel Genie in exercising any rights, power, or remedy under these T&Cs shall operate as a waiver of any such right, power, or remedy.
If any portion of these T&Cs shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, these T&Cs shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these T&Cs, and the remaining provisions of these T&Cs shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom.
Senior Travel Genie may assign its rights under these T&Cs to any party without your consent. These T&Cs shall inure to the benefit of Senior Travel Genie, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Senior Travel Genie, the Senior Travel Genie logo, SeniorTravelGenie.com and SeniorGenie.com are trademarks and/or service marks of Senior E-Commerce, Inc. All other trademarks, service marks, and trade names are the property of their respective owners.