DISCLAIMER

SecureSenior FoneFriend. The “Service” is an automatic calling system from SecureSenior (“FoneFriend”) that calls individuals on a daily basis to check on their well-being.
The Service is the latest generation of telephone reassurance programs and is one of the most important products that SecureSenioir provides to communities and senior service organizations.
FoneFriend systems can also send emergency notification phone alerts to community members and likewise send automatic notices to seniors such as medication reminders.

Intellectual Property Rights. You acknowledge that the Service, including without limitation, all trademarks, service marks and logos or the Service are the exclusive and proprietary property of SecureSenior, our affiliates, suppliers, service providers and licensors. You will not have or acquire any rights, licensors, or interest in any of the foregoing except as specifically set out in these Terms of Use. The Service is protected by copyright, both individually and as a collective work or compilation and by trade-mark, patent, and other applicable laws.

Changes to the Site and Termination. We may alter, modify, or update the Service periodically, in our discretion. Such alterations, modifications or updates may include the addition or deletion of features, functionality, text, data, or other content. We may also eliminate or cancel any part of the items of the Service or categories of the Service, at any time. While we will make every effort to update the information about the Service in a timely manner, such information should be considered current only as of the time of initial publication, without regard to the date on which you access such information. In addition, we may, in our sole discretion, restrict, suspend, or terminate your access to the Service without notice to you.

Your Authority to Use the Service. By using the Service, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of the Service, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with the Service, your sole and exclusive remedy is to stop using it. We will use reasonable commercial efforts to respond to your inquiries, however, we assume no responsibility to resolve any problems or to correct any inaccuracies or defects in the Service.

Disclaimers and Limitation of Liability

1. FONEFRIEND AND THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND ARISING BY STATUTE OR OTHERWISE IN LAW WITH RESPECT TO THE SERVICE OR SECURESENIOR/FONEFRIEND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF OWNERSHIP OR NON-INFRINGEMENT OR WARRANTY AS TO CORRECTNESS, QUALITY, COMPLETENESS, TIMELINESS, SUFFICIENCY, ACCURACY OR RELIABILITY OF THE SERVICE OR ANY OF ITS CONTENT. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SERVICE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

2. YOU AGREE THAT NEITHER US NOR OUR DIRECTORS AND OFFICERS WILL HAVE ANY LIABILITY TO YOU AS A RESULT OF YOUR USE OF ANY CONTENT AND THIS SERVICE. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICE, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR BUSINESS, EQUIPMENT, SOFTWARE OR DATA, OR LOSSES OR DAMAGES RESULTING FROM ANY ERROR IN THE CONTENT, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT, OR ANY CLAIM AGAINST YOU BY A THIRD PARTY).

3. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND REMEDIES SHALL APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Governing Law. The Terms of Use will be governed by the laws of the State of Florida and the laws of the United States of America applicable therein. Each party submits to the non-exclusive jurisdiction and venue of the courts of Palm Beach County, in order to enforce any provision of these Terms of Use and for any action or suit arising out of these Terms of Use.

General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE BY ENROLLING FOR THE SERVICE OFFERED, YOU WILL BE ENTERING INTO A LEGALLY BINDING CONTRACT EVEN IF YOU HAVE NOT READ THESE TERMS OF USE.