TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall governthe relationship with our users and others which may interact or interface with Zero Four Media, LLC, alsoknown as Zero Four, located at 2525 South Lamar, Suite 8, Austin, Texas 78704, and our subsidiaries and affiliates, inassociation with the use of the Zero Four website, which includes www.senioradvice.com (the "Site") andits Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website which has the following description:
Any and all visitors to our site , despite whether they are registered or not, shall be deemed as "users" of theherein contained Services provided for the purpose of this TOS. Once an individual registers for ourServices, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available throughour website and applications, which may include some mobile applications and that those applications maybe made available on various social media networking sites and numerous other platforms anddownloadable programs, are the sole property of Zero Four Media, LLC. At its discretion, Zero FourMedia, LLC may offer additional website Services and/or products, or update, modify or revise any currentcontent and Services, and this Agreement shall apply to any and all additional Services and/or products andany and all updated, modified or revised Services unless otherwise stipulated. Zero Four Media, LLC doeshereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products.You, as the end user and/or member , acknowledge, accept and agree that Zero Four Media, LLC shall notbe held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of ourServices and/or products. Your continued use of the Services provided, after such posting of any updates,changes, and/or modifications shall constitute your acceptance of such updates, changes and/ormodifications, and as such, frequent review of this Agreement and any and all applicable terms and policiesshould be made by you to ensure you are aware of all terms and policies currently in effect. Should you notagree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shallbe provided "AS IS" and as such Zero Four Media, LLC shall not assume any responsibility or obligationfor the timeliness, missed delivery, deletion and/or any failure to store user content, communication orpersonalization settings.
To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legallybinding contract. In addition, you must be in good standing and not an individual that has been previouslybarred from receiving Zero Four's Services under the laws and statutes of the United States or otherapplicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may berequested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintainaccuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, ZeroFour Media, LLC will have sufficient grounds and rights to suspend or terminate the member in violation ofthis aspect of the Agreement, and as such refuse any and all current or future use of Zero Four Media, LLCServices, or any portion thereof.
It is Zero Four Media, LLC's priority to ensure the safety and privacy of all its visitors, users and members,especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13that permit their child or children access to the Zero Four website platform Services must create a "family"account, which will certify that the individual creating the "family" account is of 18 years of age and assuch, the parent or legal guardian of any child or children registered under the "family" account. As thecreator of the "family" account, s/he is thereby granting permission for his/her child or children to accessthe various Services provided, including, but not limited to, message boards, email, and/or instantmessaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Servicesand/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you will receive a randompassword-which you can later change-and account designation. You shall be responsible for maintainingthe secrecy and confidentiality of your password and for all activities that transpire on or within youraccount. It shall be your responsibility to notify Zero Four Media, LLC immediately if you notice anyunauthorized access or use of your account or password or any other breach of security. Zero Four Media,LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this termand/or condition of the TOS.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software,data, photographs, music, video, messages, tags or any other content, whether it is publicly or privatelyposted and/or transmitted, is the expressed sole responsibility of the individual from whom the contentoriginated. In short, this means that you are solely responsible for any and all content posted, uploaded,emailed, transmitted or otherwise made available by way of Zero Four Services, and as such, we do notguarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of ourServices, you may be exposed to content including, but not limited to, any errors or omissions in anycontent posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted,emailed, transmitted or otherwise made available by Zero Four.
Furthermore, you herein agree not to make use of Zero Four Media, LLC's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall bedeemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwiseobjectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Zero Four officials, forumleaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with anindividual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have noright to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringeupon any patent, copyright, trademark, or any other proprietary or intellectual rights of any otherparty;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do notpersonally have any right to offer pursuant to any law or in accordance with any contractual orfiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorizedadvertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in anysuch areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain asoftware virus or other computer code, any files and/or programs which have been designed tointerfere, destroy and/or limit the operation of any computer software, hardware, ortelecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that wouldnegatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Zero Four Media, LLC Services, servers and/or networks that maybe connected or related to our website, including, but not limited to, the use of any device softwareand/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities andExchange Commission, in addition to any rules of any nation or other securities exchange, thatwould include without limitation, the New York Stock Exchange, the American Stock Exchange, orthe NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,and or source to any organization delegated by the United States government as a "foreign terroristorganization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with theprohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Zero Four Media, LLC herein reserves the right to pre-screen, refuse and/or delete any content currentlyavailable through our Services. In addition, we reserve the right to remove and/or delete any such contentthat would violate the TOS or which would otherwise be considered offensive to other visitors, users and/ormembers.
Zero Four Media, LLC herein reserves the right to access, preserve and/or disclose member accountinformation and/or content if it is requested to do so by law or in good faith belief that any such action isdeemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Zero Four Media, LLC, its visitors, users andmembers, including the general public.
Zero Four Media, LLC herein reserves the right to include the use of security components that may permitdigital information or material to be protected, and that such use of information and/or material is subject tousage guidelines and regulations established by Zero Four Media, LLC or any other content providerssupplying content services to Zero Four Media, LLC. You are hereby prohibited from making any attemptto override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorizedreproduction, publication, distribution, or exhibition of any information or materials supplied by ourServices, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using www.senioradvice.com to send electroniccommunications, which would include, but are not limited to, email, searches, instant messages, uploadingof files, photos and/or videos, you will be causing communications to be sent through our computernetwork. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging thatthe use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with alllocal rules relating to online conduct and that which is considered acceptable Content. Uploading, postingand/or transferring of software, technology and other technical data may be subject to the export and importlaws of the United States and possibly other countries. Through the use of our network, you thus agree tocomply with all applicable export and import laws, statutes and regulations, including, but not limited to,the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as thesanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government exportexclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member ofany other government which may be part of an export-prohibited country identified in applicableexport and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of ournetwork Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical orbiological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data whichwould be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Zero Four Media, LLC shall not lay claim to ownership of any content submitted by any visitor , member oruser, or make such content available for inclusion on our website Services. Therefore, you hereby grant andallow for Zero Four Media, LLC the below listed worldwide, royalty-free and non-exclusive licenses, asapplicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Zero FourMedia, LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt,publicly perform and/or publicly display said Content on our network Services is for the solepurpose of providing and promoting the specific area to which this content was placed and/or madeavailable for viewing. This license shall be available so long as you are a member of Zero FourMedia, LLC's sites, and shall terminate at such time when you elect to discontinue yourmembership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publiclyaccessible areas of Zero Four Media, LLC's sites, the license provided to permit to use, distribute,reproduce, modify, adapt, publicly perform and/or publicly display said Content on our networkServices are for the sole purpose of providing and promoting the specific area in which this contentwas placed and/or made available for viewing. This license shall be available so long as you are amember of Zero Four Media, LLC's sites and shall terminate at such time when you elect todiscontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas ofZero Four Media, LLC's sites, the continuous, binding and completely sub-licensable license whichis meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly performand/or publicly display said content, whether in whole or in part, and the incorporation of any suchContent into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Zero Four Media, LLC's sites are thosesuch areas of our network properties which are meant to be available to the general public, and whichwould include message boards and groups that are openly available to both visitors and members .However, those areas which are not open to the public, and thus available to members only, would includeour mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Zero Four Media, LLC provides an area for our users and members to contribute feedback to our website.When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, youacknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) Zero Four shall not be liable or under any obligation to ensure or maintain confidentiality, expressedor implied, related to any Contributions;
c) Zero Four shall be entitled to make use of and/or disclose any such Contributions in any suchmanner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Zero Four; and
e) Zero Four is under no obligation to either compensate or provide any form of reimbursement in anymanner or nature.
All users and/or members herein agree to insure and hold Zero Four Media, LLC, our subsidiaries,affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim ordemand, which may include, but is not limited to, reasonable attorney fees made by any third party, whichmay arise from any content a member or user of our site may submit, post, modify, transmit or otherwisemake available through our Services, the use of Zero Four Services or your connection with these Services,your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for anycommercial reason any part, use of, or access to Zero Four's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Zero Four Media, LLC may set up any such practices and/or limits regardingthe use of our Services, without limitation of the maximum number of days that any email, message postingor any other uploaded content shall be retained by Zero Four Media, LLC, nor the maximum number ofemail messages that may be sent and/or received by any member, the maximum volume or size of anyemail message that may be sent from or may be received by an account on our Service, the maximum diskspace allowable that shall be allocated on Zero Four Media, LLC's servers on the member's behalf, and/orthe maximum number of times and/or duration that any member may access our Services in a given periodof time. In addition, you also agree that Zero Four Media, LLC has absolutely no responsibility or liabilityfor the removal or failure to maintain storage of any messages and/or other communications or contentmaintained or transmitted by our Services. You also herein acknowledge that we reserve the right to deleteor remove any account that is no longer active for an extended period of time. Furthermore, Zero FourMedia, LLC shall reserve the right to modify, alter and/or update these general practices and limits at ourdiscretion.
Any messenger service, which may include any web-based versions, shall allow you and the individualswith whom you communicate with the ability to save your conversations in your account located on ZeroFour Media, LLC's servers. In this manner, you will be able to access and search your message history fromany computer with internet access. You also acknowledge that others have the option to use and saveconversations with you in their own personal account on www.senioradvice.com. It is your agreement tothis TOS which establishes your consent to allow Zero Four Media, LLC to store any and allcommunications on its servers.
Zero Four Media, LLC shall reserve the right at any time it may deem fit, to modify, alter and ordiscontinue, whether temporarily or permanently, our service, or any part thereof, with or without priornotice. In addition, we shall not be held liable to you or to any third party for any such alteration,modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of www.senioradvice.com, you may cancel or terminate your account, associated emailaddress and/or access to our Services by submitting a cancellation or termination request [email protected].
As a member, you agree that Zero Four Media, LLC may, without any prior written notice, immediatelysuspend, terminate, discontinue and/or limit your account, any email associated with your account, andaccess to any of our Services. The cause for such termination, discontinuance, suspension and/or limitationof access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/orguideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with yourwww.senioradvice.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and orlimitations of access for cause shall be made at our sole discretion and that we shall not be liable to you orany other third party with regards to the termination of your account, associated email address and/oraccess to any of our Services.
The termination of your account with www.senioradvice.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within www.senioradvice.com;
b) the deletion of your password and any and all related information, files, and any such content thatmay be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers locatedon or through our Services, which may include the payment and/or delivery of such related goods and/orServices, and any such other term, condition, warranty and/or representation associated with such dealings,are and shall be solely between you and any such advertiser. Moreover, you herein agree that Zero FourMedia, LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurredas a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Zero Four Media, LLC or any third parties may provide links to other websites and/or resources.Thus, you acknowledge and agree that we are not responsible for the availability of any such external sitesor resources, and as such, we do not endorse nor are we responsible or liable for any content, products,advertising or any other materials, on or available from such third party sites or resources. Furthermore, youacknowledge and agree that Zero Four Media, LLC shall not be responsible or liable, directly or indirectly,for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connectionwith the use of or the reliance on any such content, goods or Services made available on or through anysuch site or resource.
You do hereby acknowledge and agree that Zero Four Media, LLC's Services and any essential softwarethat may be used in connection with our Services ("Software") shall contain proprietary and confidentialmaterial that is protected by applicable intellectual property rights and other laws. Furthermore, you hereinacknowledge and agree that any Content which may be contained in any advertisements or informationpresented by and through our Services or by advertisers is protected by copyrights, trademarks, patents orother proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable lawor as authorized by Zero Four Media, LLC or such applicable licensor, you agree not to alter, modify, lease,rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works whichare based on Zero Four Media, LLC Services (e.g. Content or Software), in whole or part.
Zero Four Media, LLC herein has granted you personal, non-transferable and non-exclusive rights and/orlicense to make use of the object code or our Software on a single computer, as long as you do not, and shallnot, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense,grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you doherein agree not to alter or change the Software in any manner, nature or form, and as such, not to use anymodified versions of the Software, including and without limitation, for the purpose of obtainingunauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Servicesthrough any means other than through the interface which is provided by Zero Four Media, LLC for use inaccessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF ZERO FOUR MEDIA, LLC SERVICES AND SOFTWARE ARE AT THE SOLERISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS"AND/OR "AS AVAILABLE" BASIS. ZERO FOUR MEDIA, LLC AND OUR SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSEXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHEREXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIEDWARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NON-INFRINGEMENT.
b) ZERO FOUR MEDIA, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) ZERO FOURMEDIA, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ZEROFOUR MEDIA, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINEDFROM THE USE OF THE ZERO FOUR MEDIA, LLC SERVICES OR SOFTWARE WILL BEACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANYINFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BYYOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BECORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAYOF ZERO FOUR MEDIA, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BYYOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OFACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNETACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THATCOULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION ORMATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM ZERO FOUR MEDIA, LLC OR BY WAY OF OR FROMOUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLYSTATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON,EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANYINVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ZERO FOUR MEDIA,LLC AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERSAND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOTLIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAYHAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, ANDRESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts orother information from our Services concerning companies, stock quotes, investments or securities, pleasereview the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for thisparticular type of information, the phrase "Let the investor beware" is appropriate. Zero Four Media, LLC'scontent is provided primarily for informational purposes, and no content that shall be provided or includedin our Services is intended for trading or investing purposes. Zero Four Media, LLC and our licensors shallnot be responsible or liable for the accuracy, usefulness or availability of any information transmittedand/or made available by way of our Services, and shall not be responsible or liable for any trading and/orinvestment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that thereshall be third-party beneficiaries to this agreement.
Zero Four Media, LLC may furnish you with notices, including those with regards to any changes to theTOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on ourwebsite Services, or other reasonable means currently known or any which may be herein after developed.Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in anunauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to havereceived any and all notices that would have been delivered had you accessed our Services in an authorizedmanner.
You herein acknowledge, understand and agree that all of the Zero Four Media, LLC trademarks,copyright, trade name, service marks, and other Zero Four Media, LLC logos and any brand features,and/or product and service names are trademarks and as such, are and shall remain the property of ZeroFour Media, LLC. You herein agree not to display and/or use in any manner the Zero Four Media, LLClogo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Zero Four Media, LLC will always respect the intellectual property of others, and we ask that all of ourusers to the same. With regards to appropriate circumstances and at its sole discretion, Zero Four Media,LLC may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/orinfringes the rights of others. If you feel that your work has been duplicated in such a way that wouldconstitute copyright infringement, or if you believe your intellectual property rights have been otherwiseviolated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner ofthe copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has beeninfringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized bythe copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in yournotice is the truth and accurate, and that you are the copyright or intellectual property owner,representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Zero Four Media, LLC Agent for notice of claims of copyright or other intellectual propertyinfringement can be contacted as follows:
Zero Four Media, LLC
Attn: Copyright Agent
2525 South Lamar, Suite 8
Austin, Texas 78704
Email: [email protected]
BE IT KNOWN, that Zero Four Media, LLC complies with all applicable Federal CommunicationsCommission rules and regulations regarding the closed captioning of video content. For more information,please visit our website at www.senioradvice.com.
ENTIRE AGREEMENTThis TOS constitutes the entire agreement between you and Zero Four Media, LLC and shall govern the useof our Services, superseding any prior version of this TOS between you and us with respect to Zero FourMedia, LLC Services. You may also be subject to additional terms and conditions that may apply whenyou use or purchase certain other Zero Four Media, LLC Services, affiliate Services, third-party content orthird-party software.
CHOICE OF LAW AND FORUMIt is at the mutual agreement of both you and Zero Four Media, LLC with regard to the TOS that therelationship between the parties shall be governed by the laws of the state of Texas without regard to itsconflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of orrelating to the TOS, or the relationship between you and Zero Four Media, LLC, shall be filed within thecourts having jurisdiction within the County of Travis, Texas or the U.S. District Court located in said state.You and Zero Four Media, LLC agree to submit to the jurisdiction of the courts as previously mentioned,and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts andto venue in such courts.
WAIVER AND SEVERABILITY OF TERMSAt any time, should Zero Four Media, LLC fail to exercise or enforce any right or provision of the TOS,such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found bya court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavorto give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOSremain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITYYou acknowledge, understand and agree that your account is non-transferable and any rights to your IDand/or contents within your account shall terminate upon your death. Upon receipt of a copy of a deathcertificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONSYou acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim oraction arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after saidclaim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Zero Four Media, LLC as follows:
2525 S. Lamar, Suite 8
Austin, TX 78704