Last revised on July 5, 2012
Welcome to SeniorPremierDating.com, ("SeniorPremierDating.com" or the "Service"). SeniorPremierDating.com is an online service for mature single adults. The Service is operated by Senior Premier Dating, L.L.C., a Pennsylvania Limited Liability Company. The Service is designed to be most useful for adults over the age of sixty-five (65) years, but is not exclusively restricted to any age group. The goal of SeniorPremierDating.com is to facilitate the ability to meet people who may be compatible with you, and to provide insight and humor regarding the opportunities and challenges facing older adults who may be interested in meeting others.
Electronic Form. By accessing the Website or becoming a Subscriber, you consent to have this Agreement provided to you in electronic form. You also acknowledge that you have access to the internet, either directly or through devices such as computer(s) and modem(s) that access web-based content, and that you pay any service fees associated with such access. SeniorPremierDating.com has no obligation to ensure your access to the internet.
This Agreement will remain in full force and effect while you use the Website and/or are a Subscriber of the Service. You may terminate your Subscribership or subscription at any time, for any reason, by following the instructions on the Website. If you resign or cancel your Subscribership to the Website, to help SeniorPremierDating.com analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). SeniorPremiumDating.com may terminate your Subscribership and/or subscription by sending notice to you at the email address you provide in your application for Subscribership, or such other email address as you may later provide to SeniorPremierDating.com. If SeniorPremierDating.com terminates your Subscribership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding termination of accounts shall be made in the sole discretion of SeniorPremierDating.com. SeniorPremierDating.com is not required to provide you notice prior to terminating your Subscribership and/or subscription. SeniorPremierDating.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your Subscribership or subscription is terminated, all terms of this Agreement that by their nature reasonably survive termination of this Agreement shall continue to be legally binding.
To access and use features of the Website, you will be required to register with SeniorPremierDating.com by completing registration and profile information, designating a user ID and password, and other Subscriber credentialing as determined by SeniorPremierDating.com and paying a fee selected from one of our several subscription plans, as provided in the paragraph "Subscribership, Subscription; Pricing" below. When registering with SeniorPremierDating.com you agree to: (a) provide true, accurate, current and complete information about yourself and your payment method, and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or invalid for any reason, SeniorPremierDating.com may suspend or terminate your account and/or your subscription and refuse any and all current or future use of the Service (or any portion thereof).
Although SeniorPremierDating.com requires Subscribers to submit accurate information about themselves, SeniorPremierDating.com cannot and does not warrant the accuracy or completeness of any information. Each Subscriber must undertake his/her own steps to verify any information about any other Subscriber. SeniorPremierDating.com does not in the regular course of business conduct background checks or criminal information checks on Subscribers. However, the Website, via links to other internet websites, makes available to Users and Subscribers information about other services that provide background checks and/or criminal history checks. SeniorPremierDating.com is not responsible for and has no control over the linked websites, the content contained on those websites, or the results of any services provided by or through those websites. Your dealings with the linked websites are solely between you and the owners or operators of those websites. You agree that SeniorPremierDating.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, included the sharing of information you supply to such third party websites and the results of or reliance by you on the results obtained by you from such websites. SeniorPremierDating.com encourages Subscribers to utilize tools and mechanisms to verify the accuracy and integrity of any information pertaining to other Subscribers or matches for the Subscriber, but SeniorPremierDating.com is not responsible for the use of or failure to use any such tools or mechanisms. Subscribers are encouraged to use their own good judgment and common sense in their dealings with other Subscribers, and should not rely upon any belief that, because the match of profiles was arranged through SeniorPremierDating.com, that the information about the matched Subscriber is true. Should you decide to not utilize tools and mechanisms (some of which are available via links on the Website) to verify information for your own protection, such decision is yours and you agree to completely release SeniorPremierDating.com from any claims arising from the inaccuracy or incompleteness of information about a Subscriber.
You must be at least eighteen (18) years of age to register as a Subscriber of SeniorPremierDating.com or use the Website. Subscribership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Subscriber, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. SeniorPremierDating.com reserves all right to verify information you submit regarding your eligibility to participate in the Service, but is under no obligation to do so.
Subscribership and Subscription; Pricing.
You may become a Subscriber of the Service at no cost. As a Subscriber, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access all of the features of the Website, including the ability to communicate with other Subscribers, you must pay a subscription fee to become a Subscriber. Please refer to pages on the Website describing the Subscription plans and prices. Please note that the subscription policies that are disclosed to you in subscribing to the Service are deemed part of this Agreement.
Non-commercial Use by Subscribers.
The Website is for the personal use of individual Subscribers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Subscribers and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses, or any other information pertaining to Subscribers by electronic or other means for the purpose of sending unsolicited email or other purposes not intended as part of the Service are prohibited. Use of the Website is with the permission of Senior Premier Dating, L.L.C, which may be revoked at any time, for any reason, in its sole discretion.
You are responsible for maintaining the confidentiality of the username and password that you establish as your login credentials during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify SeniorPremierDating.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you properly exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider implementing technical safeguards to prevent others from being able to obtain your information. SeniorPremierDating.com does not provide these services, and we suggest you contact qualified technical personnel to implement any such safeguards you desire.
Content on the Website
Proprietary Rights. Senior Premier Dating, LLC owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of SeniorPremierDating.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service are those of their respective authors, and should not necessarily be relied upon. SeniorPremierDating.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will SeniorPremierDating.com, Senior Premier Dating, L.L.C, or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Subscribers.
Content Posted by You on SeniorPremierDating.com.
You understand and agree that SeniorPremierDating.com may review and delete any content, messages, emails, photos or profiles (collectively, "Content"), in whole or in part, that in the sole judgment of SeniorPremierDating.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Subscribers. However, SeniorPremierDating.com does not have any obligation to monitor the Content on the Website.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website, or transmit to other Subscribers. You will not post on the Service, or transmit to other Subscribers, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes on or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information about yourself to SeniorPremierDating.com or to any other Subscriber. If information provided to SeniorPremierDating.com, or another Subscriber, subsequently becomes inaccurate, misleading or false, you will promptly notify SeniorPremierDating.com or the Subscriber, as appropriate, of such change.
By posting Content to any public area of SeniorPremierDating.com, you automatically grant, and you represent and warrant that you have the right to grant, to SeniorPremierDating.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by SeniorPremierDating.com will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. SeniorPremierDating.com reserves the right to take appropriate action in its sole discretion against anyone who posts inappropriate content or engages in any inappropriate activities on the Website. Unacceptable Content includes, but is not limited to, Content that:
is offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Content that is not useful to others or designed to promote and enhance the goals of the Website and its Subscribers;
harasses or advocates harassment of another person;
involves the transmission of junk mail, chain letters, or unsolicited mass mailing or "spamming";
contains information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
identifies or targets any Subscriber for inappropriate activity;
contains restricted access pages, or hidden pages or images;
provides material that exploits people of any age group in any manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Subscribers. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. It is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. We reserve the right to restrict a Subscriber's use of the Service, if necessary, in order to protect our Subscribers from such advertising or solicitation.
All information you include in your Subscriber profile must be accurate, current and complete.
SeniorPremierDating.com reserves the right to terminate your Subscribership and your access to the Website if you have misused the Service, or behaved inappropriately or illegally. The following is a partial list of activities that SeniorPremierDating.com considers inappropriate:
- 1. Impersonating any person or entity.
- Stalking or harassing, or continuing to contact someone after you have been asked to no longer make contact with that person.
- Violating any other person's or entity's rights in any fashion.
- Interfering with or disrupting the Website or any of the internet devices, servers, or computers used as part of the internet.
- Disguising or spoofing the origin of any information transmitted through the Service.
- Undertaking any action to modify, adapt, re-post, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software, images, or any Content on the Website, or encouraging or assisting others to do so.
Subscriptions and Charges.
Billing and Payment. You agree to pay SeniorPremierDating.com all charges for your Subscribership subscription and use of the Service in accordance with the subscription plans applicable. Any charges incurred under your account will be billed to you. You authorize SeniorPremierDating.com to charge your chosen payment method for the Service. You agree to make payment using that selected payment method, and to notify SeniorPremierDating.com of any changes you wish to implement to your selected payment method. You agree to keep all information up-to-date that is required in order to properly collect amounts due from you.
Automatic Renewal. Your subscription will continue indefinitely until cancelled by you, in accordance with fees for the subscription plan you choose (month-to-month, 3-months, 6-months, 1-year) and you will be billed accordingly. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price then in effect for that type of subscription. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please follow the instructions on the Website to make any changes. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize SeniorPremierDating.com to charge your payment method now and again at the beginning of any subsequent subscription period. You also authorize SeniorPremierDating.com to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if SeniorPremierDating.com does not receive payment for any reason, (i) you agree to pay all amounts due upon demand, and (ii) you agree that SeniorPremierDating.com may either terminate or suspend your subscription and continue to attempt to charge your selected payment method, such as a credit card, until payment is received.
Current Information. You must provide current, complete and accurate information to allow SeniorPremierDating.com and/or its agents to bill for and receive payment for your subscription. You must promptly update any information to keep it current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify SeniorPremierDating.com if any credit card or other payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to your information can be made by following instructions on the Website. If you fail to provide SeniorPremierDating.com any necessary information, you agree that you are responsible for fees accrued under your account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that SeniorPremierDating.com is authorized to charge your credit card or other selected payment method. SeniorPremierDating.com may submit those charges for payment and you will be responsible for such charges. This does not waive SeniorPremierDating.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or otherwise in accordance with the subscription plans provided by SeniorPremierDating.com.
Modifications to Service and Subscriptions.
SeniorPremierDating.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SeniorPremierDating.com shall not be liable in any respect for any modification, suspension or discontinuance of the Service.
Disclaimer of Warranty.
No Warranties. SENIORPREMIERDATING.COM PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SENIORPREMIERDATING.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SENIORPREMIERDATING.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. THIS DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Third Party Content. UNDER NO CIRCUMSTANCES WILL SENIORPREMIERDATING.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY SUBSCRIBERS OR USERS.
Limitation of Liability.
Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENIORPREMIERDATING.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SENIORPREMIERDATING.COM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SENIORPREMIERDATING.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR THREE (3) MONTHS OF YOUR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID SENIORPREMIERDATING.COM ANY SUBSCRIPTION CHARGE, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
No Liability for non-SeniorPremierDating.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENIORPREMIERDATING.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER SUBSCRIBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF SUBSCRIBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Information Verification. You agree that SeniorPremierDating.com and its affiliates will have no liability to you arising from any information which verification ultimately shows was incorrect.
You agree to indemnify, defend and hold harmless SeniorPremierDating.com, its subsidiary and parent companies, and each of their owners, officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Website or Service, (b) any postings or Content made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, caused any harm or damage to such third party. SeniorPremierDating.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SeniorPremierDating.com in asserting any available defenses.
Copyright Complaints and Removal Policy
Federal law requires your DMCA Notice to include the following information:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
3. Your address, telephone number, and e-mail address;
4. A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
5. Your physical or electronic signature.
SeniorPremierDating.com's Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
Attn: DMCA Copyright Agent
c/o Senior Premier Dating, LLC
614 Berkshire Drive
State College, PA 16803