LAST UPDATED: October 26, 2021
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISION THAT REQUIRE THAT (1) CLAIMS YOU BRING AGAINST 50PLUSTODAY BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms (the”Terms”) constitute a legal agreement between you and 50PlusToday, a Texas Limited Liability corporation, and it’s corporate affiliates, subsidiaries and divisions. (collectively, ‘50PlusToday”, “50Plus-Today.com, 50PlusDirectory.com, “Site”, Website”,“we”, “us” and “our”). These affiliates, subsidiaries and divisions may be changed or modified periodically.
- AGREEMENT TO TERMS
- CHANGES TO THE TERMS
We may modify the Terms from time to time. You understand and agree that your access to or use of the Website is governed by the Terms effective at the time of your access to or use of the Website. If we make material changes to these Terms, we will notify you by posting a notice on the Website, and/or by other method prior to the effective date of the changes. You should revisit these Terms regularly as revised versions will be binding on you. You understand and agree that your continued access to or use of the Website after the effective date of changes to the Terms represents your acceptance of such changes.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with the Website, and any inconsistencies among the different versions will be resolved in favor of the English version available here.
- THE SERVICES
The Website may be used to connect Clients with a Service Provider who will provide Services to you through the Website (“the Services”). Users shall be able to FIND AN EVENT, LIST AN EVENT, FIND A BUSINESS or LIST A BUSINESS through the Website.
To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Services if you are a competitor of WEBSITE or if we have previously banned you from the Service or closed your Account
Permission to Use the Service.
We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, and incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.Service Availability.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
Responsibility for Your Content.
You alone are responsible for Your Content, and once posted on the Website, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by 50PLUSDIRECTORY.COM or 50PlusToday, LLC.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
Our Right to Use Your Content.
We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against the Website and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and 50PLUSDIRECTORY.COM, you own Your Content. We own the Website Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the 50PLUSDIRECTORY.COM Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the 50PLUSDIRECTORY.COM Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Website Content are retained by us.
50PLUSDIRECTORY.COM and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by the Website) does not necessarily reflect the opinion of 50PLUSDIRECTORY.COM. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with the Website’s Verified License program, the Website does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by 50PlusToday, LLC will have a “Verified License” badge displayed on their 50PLUSDIRECTORY.COM business page.
6. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is our proprietary property. All source code, databases, functionality, software, web app designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website. We reserve all rights not expressly granted to you and to the Website, the Content, and the Marks.
- RELATIONSHIP BETWEEN THE PARTIES
The Service Providers are independent providers who are neither our employees nor agents nor representatives. This Agreement does not create any other partnership between the Parties.
The Website’s role is limited to enabling the Services while the Services themselves are the responsibility of the Service Provider who provides them.
If you feel the Services provided by the Service Provider do not fit your needs or expectations, you may change to a different Service Provider who provides services through the Website.
- BOOKING AND TRANSACTING
Generally, You can access features through the Website that allow you to either FIND AN EVENT, LIST AN EVENT, FIND A BUSINESS or LIST A BUSINESS. These services may be provided by the Website’s third-party partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that the Website may facilitate any such payments and charges on behalf of the transacting local business. You agree that upon payment of services or an event, your credit card information may be saved.
- MESSAGING BETWEEN LISTING MEMBERS
Business listing members shall be able to message each other on the Website using the messaging feature. The purpose of the messaging feature shall be for purposes of networking and connecting businesses.
Users of the Website shall benefit from purchasing a membership, because users who will purchase a membership shall be able to network with other businesses, using the Website.
The messaging feature shall not be used for selling items or to harass other members.
- USER REPRESENTATIONS
By using the Website, you represent and warrant that:-
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You have the legal capacity, and you agree to comply with these Terms and Conditions.
- You are not under the age of 18.
- You will not access the Website through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Website for any illegal or unauthorized purpose.
- Your use of the Website will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
- You agree that once a listing is purchased, there shall be no refunds.
- You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
- You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
- You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
- You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
- You agree and commit not to use the account or Account Access of any other person for any reason.
- You agree and confirm that your use of the Website, including the Service Provider Services, are for your own personal use only and that you are not using the Website or the Service Provider Services for or behalf of any other person or organization.
- You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
- If you receive any file from us or from a Service Provider, whether through the Website or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
- Once your 1 year membership expires, you shall be notified via email of the pending expiration. Renewal of membership shall be automatic if that option is available to you on 50PlusDirectory.com.
- USER REGISTRATION
You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You represent and warrant that you have read and understood our Content Guidelines.
- You also represent and warrant that you will not and will not assist, encourage, or enable others to use the Website to:
- Violate our Terms, including the Content Guidelines and Event Terms and Conditions
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated for posting, refraining from posting, or remove a review. The reviews should be true and not hearsay.
- We have the liberty to delete any reviews that we find to be untrue, using inappropriate language, abusive or defamatory.
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination
- Solicit personal information from minors, or submit or transmit pornography and
- Violate any applicable law.
13. THIRD-PARTY CONTENT AND SERVICES
The Website may host Third-Party Content or include links to other web apps or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third-party terms.
- REFUND POLICY
Due to the nature of the services that we offer, we do not offer refunds for any of our products or services. You agree that once a listing is purchased, there shall be no refunds.
You agree to indemnify, defend, and hold harmless the Website, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors, and representatives of each of them (collectively, the Website Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to:-
- a) Your access to or use of the Website, including Your Content,
- b) Your violation of the Terms,
- c) The breach of your representations and warranties provided under these Terms.
You agree to indemnify, defend and hold harmless the Website, its parents, subsidiaries, affiliates from and against liability related to the actual use of 3rd party services, if the services are cancelled by the Service Provider, or are no longer available, or the services/events listed on the Website do not meet your expectations.
- INFRINGEMENT CLAIMS / DMCA NOTICES
If you believe that any Image or other material made available by WEBSITE infringes upon any copyright that you own or control, you may notify Website in the manner set forth in the following DMCA Copyright Infringement Notice Policy:
DIGITAL MILLENNIUM COPYRIGHT ACT
50PlusToday respects the intellectual property rights of others and expects its Users to do the same. Website may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. Furthermore, 50PlusDirectory.com may choose to terminate the accounts of Users who infringe upon intellectual property rights of others. If you believe materials on the Website infringe your copyright, you may request removal of those materials from the Website by contacting 50PlusToday’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work you believe to be infringed. Describe the work, and include a copy or the URL (or any pertinent location information) of an authorized version of the work if possible.
- Identification of the content you believe to be infringing and its location. Describe the material, and provide us with its URL(or any other pertinent location information) to allow us to access the material.
- Your name, address, telephone number and e-mail address.
- A written statement that you believe in good faith belief that the use of the specified materials is not authorized by the copyright owner, its agent, or the law.
- A written statement that the information provided is accurate, and indicating you are either the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature (or electronic equivalent) from the copyright holder or authorized representative.
The Copyright Agent for 50PlusDirectory.com is: 50PLUSToday Copyright Agent 4528 Emerson Drive, Plano, Tx 75093 Email: leslie@50Plus-Today.com
- LIMITATION OF LIABILITY
IN NO EVENT SHALL THE WEBSITE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS 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 THE SITE OR ANY THIRD PARTY PAYMENT PROCESSING SITE, THE SERVICES, THE REGISTRATION PAYMENT SERVICES, THE USER CONTENT OR THE 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 THE WEBSITE, 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 THE WEBSITE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WEBSITE, 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 THE SITE, THE SERVICES OR THE REGISTRATION PAYMENT SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE WEBISTE FOR ACCESS TO OR USE OF THE SITE.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of the Website entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have, which may not be lawfully limited. By accessing or using the Website, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
THE WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE WEBSITE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD-PARTY CONTENT. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR DISCRETION AND RISK.
THE WEBSITE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE WEBSITE. ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA OR THE WEBSITE CONTENT. ACCORDINGLY, THE WEBSITE ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MIGHT ARISE.
- DISPUTE RESOLUTION
- If any dispute arises between the Parties related to this Agreement, it shall be resolved by mediation between and among the parties. Parties shall act in good faith to resolve the dispute.
- In the event that a dispute cannot be resolved through good faith mediation, the Parties agree to submit to binding mediation.
- In the event of mediation, the prevailing Party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.
- MODIFICATIONS, TERMINATION, INTERRUPTION AND DISRUPTIONS TO THE WEBSITE
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Website, any part of the Website or the use of the Website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Website depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Website’s reliability and accessibility, you understand and agree that no Website can be 100% reliable and accessible and so we cannot guarantee that access to the Website will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
- GOVERNING LAW
- CONTACT US
To resolve a complaint regarding the Website or to receive further information regarding the use of the Website, don’t hesitate to get in touch with us at:
Company Name: 50PlusToday
Company Address: 4528 Emerson Drive, Plano, Tx
Company Phone Number: 214-803-0757
Email Address: Admin@50PlusDirectory.com
Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with 50PlusToday and its licensors.
Third Party Services
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your 50PlusToday account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. 50PlusToday and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 50PlusToday, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of United States.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in United States.
50PlusToday reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms