TERMS OF USE
The following Terms of Service are terms of a legal agreement (the “Agreement”) between you and American Prosperity Alliance, Inc. (dba Seniors for Better Care). By accessing, browsing and/or using our Site or Services, you acknowledge that you have read, understood and have all necessary rights, power, and authority to agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site. The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on the Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that APA may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
HYPERLINKING
We make no representations whatsoever about any other website that you may access through the Site. When you access a non-APA website, please understand that it is independent from APA, and that we have no control over the content on that website, even if we provide information or services to the owner of that website. In addition, a link to a non-APA web site does not mean that we endorse or accept any responsibility for the content or the use of that non-APA website. In fact, we disclaim any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
COPYRIGHTS AND USE OF WEB SITE CONTENT
The copyright in all materials provided on the Site is held by APA or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of APA or the copyright owner. Permission is granted to download one copy of the materials on this website on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on the Site without our express written permission. Any unauthorized use of the materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of APA or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
TRADEMARKS
The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of APA. Other trademarks, service marks and trade names may be owned by others. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other APA intellectual property displayed on this Site. We aggressively enforce our intellectual property rights to the fullest extent of the law. You are prohibited from using in any way the name “The Sentinel Action Fund” or any other Trademarks appearing on the Site, including in advertising or publicity pertaining to distribution of materials on the Site, without prior written permission from APA. We also prohibit use of the term “The Sentinel Action Fund” or any other Trademark as part of a link to or from any website unless establishment of such a link is approved in advance and in writing by us.
USER POSTINGS
You acknowledge and agree that we own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on our Site (your “Submissions”).
YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST APA FOR ANY ALLEGED OR ACTUAL INFRINGEMENTS OF ANY RIGHTS OF PRIVACY OR PUBLICITY, MORAL RIGHTS, RIGHTS OF ATTRIBUTION OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH APA’S USE AND PUBLICATION OF SUCH SUBMISSIONS.
This means that anything you submit to our Site will be owned by APA and may be used by APA for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event our ownership of such Submissions is successfully contested, you automatically grant us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. We do not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this web site by any user of this Site, information provider or any other third party.
We expressly disclaim any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions is at your sole risk. You covenant that you will not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. APA, in its sole discretion, reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION
There may be delays, omissions or inaccuracies in information obtained through your use of our Site. This information is provided to you with the understanding that our provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. You should not rely upon information on the Site for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this website by us, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information is at your sole option and risk. Moreover, we do not grant any license or other authorization to you to use our Site in any manner if such use in whole or in part suggests that APA promotes or endorses any third party’s causes, ideas, political campaigns, political views, websites, products, or services.
ACCESS TO OUR SITE
We may alter, suspend or discontinue the Site or your access to the Site at any time for any reason, without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user is solely responsible for ensuring that any information or content obtained from this web site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, APA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, APA DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITE; OR (4) THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE SENTINEL ACTION FUND OR ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONTRIBUTORS, INVESTORS, EMPLOYEES, VENDORS, CONSULTANTS, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM APA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO APA’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO APA FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless APA and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, contributors, investors, employees, vendors, consultants, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You agree to cooperate as fully as reasonably required in the defense of any such claim. APA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
AGREEMENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS
Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or APA against the other arising from, relating to or in any way concerning the Terms of Service, Privacy Policy, SMS/Mobile Messaging Terms & Conditions (below), or any goods you receive from us (or from any advertising for any such goods) must, at the demand of either party, be submitted to and determined by binding and confidential arbitration in Washington, D.C., before a single arbitrator. To the extent issues of state law are implicated, the laws of the Commonwealth of Virginia shall apply. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures in effect at the time of the arbitration and in accordance with the Expedited Procedures in those Rules. This agreement to arbitrate also includes: (i) Claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims that relate directly to APA and/or its affiliates, successors, assignees, employees, agents, or independent contractors; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to by you and APA that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. The parties shall maintain the confidential nature of the arbitration proceedings and award, including the hearing, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or enforcement of the award, or unless otherwise required by law or judicial decision. Judgment upon the award rendered by an arbitrator hereunder may be entered in any court having jurisdiction.
YOU AND APA HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT YOU HAVE TO A JURY TRIAL, OR AN APPEAL TO A STATE OR FEDERAL COURT OF APPEAL, WITH REGARD TO ANY DISPUTE ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE TERMS OF SERVICE, PRIVACY POLICY, SMS/MOBILE MESSAGING TERMS & CONDITIONS, OR ANY GOODS YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH GOODS). ALL SUCH DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.
INFRINGEMENT NOTICES AND TAKEDOWN
APA expressly prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this web site infringes your copyright, you should notify APA of your copyright infringement claim in accordance with the procedure set forth below. APA will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent, who can be contacted via the email link on the contact page.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online web site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EMAIL TRAFFIC
The information contained in any email traffic from this site may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of any message or attachment is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received any communication in error, please contact the sender by reply email and destroy all copies of the original message and attachment(s).
SMS/MOBILE MESSAGING TERMS AND CONDITIONS
Among the Services, APA may offer a mobile messaging program (the “SMS Service”). By opting into such SMS Service, providing us your mobile number, or otherwise sharing your personal information with us in connection with the SMS Service, you expressly consent to these Terms of Service and our Privacy Policy.
User Opt In. The SMS Service allows users to receive SMS mobile messages by users affirmatively opting into the SMS Service. When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup for the SMS Service. By participating in the SMS Service, you expressly agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from us.
SMS Service Description. Without limiting the scope of the SMS Service, users that opt into the SMS Service can expect to receive messages concerning political messaging, updates, and mobile contribution information from APA.
User Opt Out. You can cancel the SMS Service at any time. Just reply “STOP” to any of our mobile messages from your mobile device. After you send the SMS message “STOP” to us, we may send you an additional SMS message confirming your decision to opt out of the SMS Service. After this, you will no longer receive SMS messages from us. If you want to opt-in to the SMS Service again, sign up as you did the first time and we will start sending SMS messages to you again subject to these same terms.
Cost and Frequency. As always, message and data rates may apply for any messages sent to you from us and to us from you, and message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Help. If at any time you forget what keywords are supported, just text “HELP.” After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.
Effective Date: June 27, 2024