Terms of Use
THE FOLLOWING DESCRIBES THE TERMS ON WHICH SENIOR DENTURES OFFER YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the “Agreement” or “User Agreement”) for Senior Dentures. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of Senior Dentures (the “Site”) and the general principles for the websites of our subsidiaries and affiliates. If you disagree to be bound by the terms and conditions of this Agreement, do not use this website or access our services.
You must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, including those terms and conditions expressly set out below and those incorporated by reference, before becoming a member of Senior Dentures. As you read this User Agreement, we strongly recommend that you access and read the information on the other pages and websites in this document, as they may contain further terms and conditions that apply to you as a Senior Dentures user. Underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other Senior Dentures websites will be governed by the User Agreement and Privacy Policy posted on those websites.
We may amend this Agreement anytime by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be practical 30 days after being posted on the Site. This Agreement may not be otherwise amended except in writing, signed by you and Senior Dentures Inc. This Agreement is effective upon registration acceptance for new users and is otherwise effective on August 22, 2005.
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Membership Eligibility.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are unavailable to children (persons under the age of 18) or to temporarily or indefinitely suspended Senior Dentures members. If you are under 18, you can use this service only in conjunction with and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Senior Dentures account (including feedback) and User ID may not be transferred or sold to another party. If you register as a business entity, you represent that you have the authority to bind the entity to this Agreement. -
Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, and we only use your information as described in the Privacy Policy. We view the protection of users’ privacy as a fundamental community principle. We understand clearly that you and your information are our most important assets. We store and process your information on computers in the United States that are protected by physical and technological security devices. We use third parties to verify and certify our privacy principles. -
No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights; you may also have other legal rights that vary from state to state. -
Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF (A) THE NUMBER OF FEES YOU PAY TO US IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. -
Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. -
Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your bidding on, listing, purchasing, soliciting offers to purchase, and selling items. -
No Agency.
You and Senior Dentures are independent contractors, and this Agreement does not intend to create an agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship. -
Notices.
Unless explicitly stated otherwise, any notices shall be given by postal mail to Senior Dentures, Attn: Legal Department PO Box 80729, Rancho Santa Margarita, CA 92688. - (in the case of Senior Dentures) or to the email address you provide to Senior Dentures during the registration process (in your case). Notice shall be given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may provide you notice by certified mail, postage prepaid, and return receipt requested to the address provided to Senior Dentures during registration. In such case, notice shall be deemed given 3 days after the date of mailing.
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Resolution of Disputes.
If a dispute arises between you and Senior Dentures, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Senior Dentures agree that any claim or controversy at law or equity arising out of this Agreement or our services (“Claims”) shall be resolved per one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. -
Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Senior Dentures may elect to resolve the dispute through binding arbitration conducted by telephone, online and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS by their applicable rules or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. -
Court.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Orange County, California, or where the defendant is located (in our case, Rancho Santa Margarita, California, and in your case, your home address or principal place of business). You and Senior Dentures agree to submit to the personal jurisdiction of the courts located within the county of Rancho Santa Margarita, California. -
Alternative Dispute Resolution.
Alternatively, Senior Dentures will consider alternative forms of dispute resolution, such as binding arbitration in Rancho Santa Margarita, California, or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism selected per this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys’ fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim and the other party has failed to withdraw the Claim. -
General.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted, or secure access to our services, and the Site's operation may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Senior Dentures by Section 16 “Notices” in our sole discretion; headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act concerning a breach by you or others does not waive our right to act concerning subsequent or similar breaches. This Agreement sets forth our understanding and agreement concerning the subject matter hereof. Sections 2 (Fees and Services) concerning fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement. -
Disclosures.
Senior Dentures Inc., located at PO Box 80729, Rancho Santa Margarita, CA 92688, offers the services hereunder.
If you are a California resident, you may have this information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.