The following Terms of Use (“Terms”) is made by and between The Seniors Club (The Seniors Club is the d/b/a or assumed name of Probient Inc.). The term “The Seniors Club”, “us”, “we” or “our” refers to the owner of the Website whose registered office is 897 Washington St #600581, Newton MA 02460) and you, the user of this Website (sometimes referred herein as “you”, “your” or “User”).

By accessing, visiting, browsing, using or attempting to interact with or use any part of this Website, or any services or content provided within this Website (collectively “Service”), you agree that you have read, understand and agree to be bound by these Terms of Use, which together with our Privacy Policy govern The Seniors Club’s relationship with you in relation to this Website.

The most current version of the Terms, which supersedes all previous versions, can be reviewed by going to https://theseniors.club/terms-of-use, and the most current version of our Privacy Policy which supersedes all previous versions, can be reviewed by going to https://theseniors.club/privacy-policy. We reserve the right to change the Terms of Use and Privacy Policy at any time and without notice to you. You should periodically review these Terms and Privacy Policy to determine if any changes have been made.

Intended AudienceThis Website is intended for adults only. You must be at least 13 years of age to access and use this Website. If you are 13 years or younger, do not use this service for any purpose.

Intellectual PropertyUnless otherwise stated, The Seniors Club and/or its licensors own the intellectual property rights for all material on The Seniors Club. All intellectual property rights are reserved. You may view and/or print pages from https://theseniors.club for your own personal use subject to restrictions set in these Terms of Use.

All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.

Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.

You may not create a link to this Website from another Website or document without The Senior Club’s prior written consent.

Disclaimers The information on this Website is provided on an “as is,” “as available” basis. You agree that use of this Website is at your sole risk. We disclaim all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

We make no warranty that:

1. The Website will meet your requirements.
2. The Website, and any information or service provided by the Website, will be uninterrupted, timely, secure, or error-free.
3. The results of using the Website, and any information or service provided by the Website, will be accurate or reliable.
4. The quality of any products, services, information, or other material purchased or obtained through your use of the Website will meet your expectations.
5. Any errors in any software utilized by the Website will be corrected.

No advice or information, whether oral or written, obtained by you from or through shall create a warranty not expressly stated in these Terms. Your sole and exclusive remedy relating to your use of the Website shall be to discontinue using the Website.

From time to time this Website may include offers of products and services and links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website(s). We have no responsibility for the content of the linked Website(s). You may enter into correspondence with or participate in promotions of the companies showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.

Privacy & SecurityIn order to access some of the offerings on this Website, or to post user content, you may be asked to set up an account and password. Our account registration page may request certain personal information from you (“Member Registration Info”), which may include personally identifiable information such as your name, e-mail address, ZIP code, and date of birth. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy that can be accessed at https://theseniors.club/privacy-policy.

You will have the ability to maintain and periodically update your Member Registration Info as you see fit. By registering, you agree that all information provided by you as Member Registration Info is true and accurate and that you will maintain and update this information as required in order to keeping it current, complete and accurate. If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

Use of InformationWe reserve the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you for any purpose and in any manner consistent with our Privacy Policy.

CookiesWe employ the use of cookies. By using The Seniors Club's Website you consent and agree to permit us to, store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience.

A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Website. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the services we make available to you. However, we do not use cookies to track your browsing behaviors.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Website may not function properly if you elect to disable cookies.

Limitation of LiabilityUnder no circumstances will The Seniors Club, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, or directors be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Website, your Website use, or the content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website and/or content is to cease all of your Website use.

CopyrightsIf you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent by postal mail at 897 Washington St #600581, Newton MA 02460, USA, or by email at [email protected]:

1. Detailed description of the copyrighted work that is allegedly infringed.
2. Description of the location of the allegedly infringing material on the Website.
3. Your contact information, including your address, telephone number, and e-mail address.
4. Statement by you that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law.
5. Your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf.
6. An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

IndemnificationTo the fullest extent permitted by law, you agree to indemnify and hold The Seniors Club, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms or use of the Website by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Website.

Applicable LawYou agree that the laws of the state of Massachusetts, without regard to conflicts of laws provisions, will govern these Terms of Use and any dispute that may arise between you and The Seniors Club or its affiliates or subsidiaries.

SeverabilityIf any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

WaiverOur failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of The Seniors Club.

Relationship of the PartiesNothing contained in these Terms or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.

Entire AgreementThese Terms constitutes the entire agreement between you and us and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Seniors Club with respect to this Website.

Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. We may revise these Terms at any time by updating the Terms of Use and posting it on the Website. Your continued use of this Website after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms.