Terms & Conditions
BY ACCESSING OR USING OUR WEBSITE (THE “WEBSITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AND ALL OTHER TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY AS THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO CAREFULLY READ THE TERMS & CONDITIONS BEFORE PROCEEDING TO USE THIS WEBSITE.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE BELOW). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, STOP NOW AND DO NOT ACCESS OR USE OUR WEBSITE OR OUR SERVICES.
The present Terms & Conditions (this “ Agreement ” “ Terms & Conditions, ” or “Terms” ) is a legal agreement between you and Dragonfly Senior Navigation Services LLC, a company duly organized and validly existing, address - 1770 S. Randall Rd., Ste. A, #267, Geneva, IL 60134. This Agreement supersedes and voids all previous agreements.
OVERVIEW
The website (www.Dragonfly Senior Navigation Services LLCLaw.com) is operated by Dragonfly Senior Navigation Services LLC. Throughout the website, the terms “ we“ us,” and “ our ” refer to Dragonfly Senior Navigation Services LLC. Dragonfly Senior Navigation Services LLC offers this website, including all information, tools, products, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the website, including, without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms of this Agreement, then you may not access the website or use any Service. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms & Condition . You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
GENERAL TERMS AND CONDITIONS
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products or website for any illegal or unauthorized purpose nor may you, in the use of our products or website, violate any laws in your jurisdiction.
You must not transmit any malicious software, worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms & Conditions, whether intentional or unintentional, will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole
discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our website;
2. Change, suspend, or discontinue all or any part of our products or website;
3. Refuse, move, or remove any content that is available on all or any part of our website;
4. Deactivate or delete your account(s);
5. Establish general practices and limits concerning use of our website.
Not taking immediate action is not a waiver of our right to take action against a user for a violation of the Terms & Conditions. You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our website may include communications such as service announcements and administrative or legal notices from us. Please be aware that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website, use of the website, or access to the website or any contact on the website, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. Dragonfly Senior Navigation Services LLC’s content is not for resale. Use of the website does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dragonfly Senior Navigation Services LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We DO NOT grant you any licenses, express or implied, to the intellectual property of Dragonfly Senior Navigation Services LLC or our licensors except as expressly authorized by these Terms & Conditions.
USER RESPONSIBILITY FOR CONTENT
As a user or member of the website, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, offers, claims, promotions, tags, or any other content (the “Content”), whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the Content originated. In short, you are solely responsible for any and all Content posted, uploaded, emailed, transmitted or otherwise made available by way of the Dragonfly Senior Navigation
Services LLC Services, and as such, we do not guarantee the accuracy, integrity, or quality of such Content.
It is expressly understood that by use of our Services, you may be exposed to inaccurate, incomplete, or erroneous Content. Dragonfly Senior Navigation Services LLC is not responsible for any errors or omissions in any content posted, how you use the Content posted on this website, and/or any loss or damage of any kind incurred, foreseeable or otherwise, as a result of the use of any Content posted, emailed, transmitted or otherwise made available by Dragonfly Senior Navigation Services LLC.
CONDUCT
You agree not to make use of Dragonfly Senior Navigation Services LLC’s Services for the purpose of:
a) transmitting, emailing, uploading, posting, or otherwise making available any Content that Dragonfly Senior Navigation Services LLC, in its sole discretion, shall deem to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which Dragonfly Senior Navigation Services LLC determines to be hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Dragonfly Senior Navigation Services LLC officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) transmitting, emailing, uploading, posting, or otherwise offering any such Content that may infringe upon the intellectual property rights of any party, which includes any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
e) forging captions, headings, titles, or text or otherwise offering any Content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
f) transmitting, emailing, uploading, posting, or otherwise offering any Content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) transmitting, emailing, uploading, posting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) transmitting, emailing, uploading, posting, or otherwise offering any source that may contain a software virus or other computer code, or any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) acting in any manner that would negatively affect other users’ ability to participate in any real time interactions or disrupt the normal flow of communication;
j) interfering with or disrupting any Dragonfly Senior Navigation Services LLC Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any device, spider, robot, software and/or manual process to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization designated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act;
m) “stalking” an individual or undertaking any action with the intent to harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Dragonfly Senior Navigation Services LLC herein reserves the right to pre-screen, refuse, and/or delete any Content currently available through our Services. In addition, we reserve the right to remove and/or delete any such Content that would violate the Terms & Conditions or which would otherwise be considered offensive to other visitors, users, and/or members as determined by Dragonfly Senior Navigation Services LLC at their sole discretion.
Dragonfly Senior Navigation Services LLC herein reserves the right to access, preserve, and/or disclose member account information and/or Content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for (a) enforcement of the Terms & Conditions; (b) compliance with any legal process; (c) responding to any claim that therein contained Content is in violation of the rights of any third party; (d) responding to requests for customer service; or (e) protecting the rights, property, or the personal safety of Dragonfly Senior Navigation Services LLC, its visitors, users and members, including the general public.
Dragonfly Senior Navigation Services LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Dragonfly Senior Navigation Services LLC or any other content providers supplying content services to Dragonfly Senior Navigation Services LLC. You are hereby prohibited from making any attempt to alter, override, circumvent, or in any way tamper with any of the embedded usage rules in our Services.
FURTHERMORE, UNAUTHORIZED REPRODUCTION, PUBLICATION, DISTRIBUTION, OR PRESENTATION OF ANY INFORMATION OR MATERIALS SUPPLIED BY OUR SERVICES, DESPITE WHETHER DONE SO IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED.
GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, when using our network you hereby agree to comply with all local rules relating to online conduct and acceptable content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. By using our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not identified on any list of prohibited individuals on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to use our website network Services to transfer any software, technology, or any other technical data to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end-uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer, or upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTRIBUTIONS TO COMPANY WEBSITE
Dragonfly Senior Navigation Services LLC may provide an area for our Users and members to contribute feedback to our website. When you submit ideas, documents, suggestions, proposals, or feedback (“ Contributions “) to our website, you acknowledge and agree that: (a) your contributions do not contain any type of confidential or proprietary information; (b) Dragonfly Senior Navigation Services LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; (c) the contributor’s Contributions shall automatically become the sole property of Dragonfly Senior Navigation Services LLC; (d) Dragonfly Senior Navigation Services LLC is under no obligation to compensate or provide any form of reimbursement in any manner or nature to the contributor; and (e) Dragonfly Senior Navigation Services LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.
PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted on dragonflyseniornavigation.com but are subject to change. At times, Dragonfly Senior Navigation Services LLC may also offer additional services, which will be described when offered but nonetheless governed by this Agreement Dragonfly Senior Navigation Services LLC may also offer additional products and services through other sites to which it owns or controls; such sites are also governed by the terms herein. Dragonfly Senior Navigation Services LLC reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
You acknowledge and agree that the content of any program or services offered to you by Dragonfly Senior Navigation Services LLC, including without limitation the materials and information provided to you as education, is confidential and proprietary to Dragonfly Senior Navigation Services LLC; accordingly, you agree that you shall not communicate the teachings, materials, or other information acquired or learned from Dragonfly Senior Navigation Services LLC services to any other person.
However, Dragonfly Senior Navigation Services LLC does not guarantee the accuracy of the prices posted on this website and is not bound by the posted prices. Accurate and up-to-date prices will be provided by a company representative.
Dragonfly Senior Navigation Services LLC takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Dragonfly Senior Navigation Services LLC does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in these Terms & Conditions. Dragonfly Senior Navigation Services LLC’ descriptions of, or references to, products or services not owned by Dragonfly Senior Navigation Services LLC are not intended to imply endorsement of that product or service or constitute a warranty by Dragonfly Senior Navigation Services LLC.
INDEMNITY
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Dragonfly Senior Navigation Services LLC, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, made by you or any third party arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party, or (5) any content a member or User of our website may submit, post, modify, transmit, or otherwise make available through our Services.
MODIFICATIONS
Dragonfly Senior Navigation Services LLC reserves the right at any time it may deem fit at its sole discretion, to modify, alter, and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, or any part thereof.
COMMERCIAL REUSE OF SERVICES
The member or User herein agrees not to replicate, duplicate, copy, trade, sell, resell, or exploit for any commercial reason any part, use of, or access to Dragonfly Senior Navigation Services LLC’s websites.
TERMINATION
As a member of www.Dragonfly Senior Navigation Services LLCLaw.com, you may cancel or terminate your account, access to our Services, and/or associated email address by submitting a cancellation or termination request to dragonflyseniornavigation@gmail.com.
As a member , you agree that Dragonfly Senior Navigation Services LLC may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account , access to any of our Services, and any email associated with your account. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to: (a) any breach or violation of our Terms & Conditions or any other incorporated agreement, regulation and/or guideline; (b) any engagement by you in any fraudulent or illegal activities; (c) requests from law enforcement agency or any other governmental agencies; (d) nonpayment of any associated fees that may be owed by you in connection with your dragonflyseniornavigation.com account Services; (e) the discontinuance, alteration, and/or material modification to our Services, or any part thereof; (f) unexpected technical or security issues and/or problems; and/or (g) any extended periods of inactivity.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, access to any of our Services, and/or associated email address.
The termination of your account with dragonflyseniornavigation.com shall include any and/or all of the following: (a) the removal of access to all or part of the Services offered within dragonflyseniornavigation.com; (b) the deletion of your password and any and all related information, files, and any content that may be associated with or inside your account, or any part thereof; and (c) the barring of any further use of all or part of our Services.
PROPRIETARY RIGHTS
You acknowledge and agree that Dragonfly Senior Navigation Services LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly authorized by Dragonfly Senior Navigation Services LLC or permitted by applicable law as or such applicable licensor, you agree not to modify, alter, lease, loan, rent, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on Dragonfly Senior Navigation Services LLC Services (e.g. Content or Software), in whole or part.
Dragonfly Senior Navigation Services LLC hereby grants you a personal, non-transferable, and non-exclusive right and/or license to make use of our Software and Content as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you agree not to access or attempt to access our Services through any means other than through the interface which is provided by Dragonfly Senior Navigation Services LLC for use in accessing our Services.
INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge and agree that all of the Dragonfly Senior Navigation Services LLC trademarks, copyrights, trade names, service marks, and other Dragonfly Senior Navigation Services LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain, the property of Dragonfly Senior Navigation Services LLC. You agree not to display and/or use in any manner the Dragonfly Senior Navigation Services LLC logo or marks without obtaining Dragonfly Senior Navigation Services LLC’s prior written consent.
Dragonfly Senior Navigation Services LLC will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, Dragonfly Senior Navigation Services LLC may disable and/or terminate the
accounts of any User who violates our Terms & Conditions and/or infringes the rights of others.
If you feel that your work has been duplicated or used in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, and you desire Dragonfly Senior Navigation Services LLC remove the materials or content from the website, you should send to us a Notice with the following information:
a) Your name, physical address, telephone number, and email address;
b) The signature (electronic or physical) of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
c) A description of the property that you believe has been infringed upon; d) The website or location which you believe has been infringing upon your work;
e) A statement that the use of your work is not authorized by the copyright owner, its agents, or the law;
f) And finally, a statement, made under penalty of perjury, that the information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
Send the Notice to the Dragonfly Senior Navigation Services LLC agent for notice of claims of copyright or other intellectual property infringement at the address below:
Mailing Address:
Dragonfly Senior Navigation Services LLC
Attn: Copyright Agent
1770 S. Randall Rd, Ste A, #267
Geneva, IL 60134
Telephone: 630-470-1910
Email: dragonflyseniornavigation@gmail.com
LINKS
Either Dragonfly Senior Navigation Services LLC or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Dragonfly Senior Navigation Services LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or Services made available on or through any such site or resource.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF DRAGONFLY SENIOR NAVIGATION SERVICES LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. DRAGONFLY SENIOR NAVIGATION SERVICES LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b) DRAGONFLY SENIOR NAVIGATION SERVICES LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) DRAGONFLY SENIOR NAVIGATION SERVICES LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) DRAGONFLY SENIOR NAVIGATION SERVICES LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE DRAGONFLY SENIOR NAVIGATION SERVICES LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF DRAGONFLY SENIOR NAVIGATION SERVICES LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND AT YOUR SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS
OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM DRAGONFLY SENIOR NAVIGATION SERVICES LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DRAGONFLY SENIOR NAVIGATION SERVICES LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: (a) THE USE OR INABILITY TO USE OUR SERVICE; (b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (c) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; (d) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; (e) AND ANY OTHER MATTER
WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Dragonfly Senior Navigation Services LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands, and damages – actual and consequential – of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
NOTICE
Dragonfly Senior Navigation Services LLC may furnish you with notices, including those with regards to any changes to the Terms & Conditions, through any reasonable means including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known, or any which may be herein after developed. You may not receive these notices if you violate any aspects of the Terms & Conditions by accessing our Services in an unauthorized manner. By accepting this Agreement you agree that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with Dragonfly Senior Navigation Services LLC through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at dragonflyseniornavigation@gmail.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms & Conditions , the Privacy Policy, the Disclaimer, this arbitration provision, any other terms or agreements incorporated by reference into these Terms & Conditions , or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.
We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in the sections below. The arbitration shall be conducted by a single neutral arbitrator in the English language within the County of DeKalb , Illinois, unless we both mutually agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules
are available at www.adr.org.
The arbitrator shall have the sole and exclusive authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Disclaimer, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the sole and exclusive authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Dragonfly Senior Navigation Services LLC.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, documents, experts, and witnesses.
The arbitrator shall follow the substantive law of the State of Illinois without regard to its conflicts of law principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Dragonfly Senior Navigation Services LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Dragonfly Senior Navigation Services LLC expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Dragonfly Senior Navigation Services LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable ( i.e. , unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
Dragonfly Senior Navigation Services LLC ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Dragonfly Senior Navigation Services LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement or any
infringement or threatened infringement by you of the intellectual property of Dragonfly Senior Navigation Services LLC or a third-party, Dragonfly Senior Navigation Services LLC shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in the County of DeKalb , Illinois, restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Dragonfly Senior Navigation Services LLC from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts in the County of DeKalb , Illinois for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
CHOICE OF LAW AND FORUM
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy, Disclaimer, or any matter concerning Dragonfly Senior Navigation Services LLC, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Illinois without regard to its conflicts of law provisions. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located within the County of DeKalb , Illinois or the U.S. District Court located in said state, and you and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Dragonfly Senior Navigation Services LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by the arbitrator if (if proper) a court of competent jurisdiction to be invalid, unlawful, or unenforceable the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the invalid, unlawful, or unenforceable provision will be modified or removed from
the provision to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement. If the invalid, unlawful, or unenforceable portion is removed from the provision the remainder of the provision shall remain in full force and effect. Further, all other provisions of the Agreement shall remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within one (1) year(s) after said claim or cause of action arose or shall be forever barred.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the website or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related Site, should be taken to indicate that all information on the website or on any related Site has been modified or updated.
PRIVACY POLICY
The registration data and various other personal information of each Member is strictly protected by the Dragonfly Senior Navigation Services LLC online Privacy Policy (see the full Privacy Policy at dragonflyseniornavigation.com). As a member, you acknowledge and consent
to the collection and use of the information you provide, including the transfer of information within the United States and/or other countries for storage, processing, or use by Dragonfly Senior Navigation Services LLC and/or our subsidiaries and affiliates.
ASSIGNMENT
Dragonfly Senior Navigation Services LLC may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Dragonfly Senior Navigation Services LLC’s (or its assigns’) express written consent. Any assignment by you is void.
ENTIRE AGREEMENT
These Terms & Conditions , the Privacy Policy, the Disclaimer, any other terms or agreements incorporated by reference into these Terms, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Dragonfly Senior Navigation Services LLC and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Dragonfly Senior Navigation Services LLC. We may also, in the future, offer new services and/or features through the Website, Dragonfly Senior Navigation Services LLC Services, affiliate Services, third-party content, or third-party software. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
FORCE MAJEURE
Dragonfly Senior Navigation Services LLC will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control
VIOLATIONS
Please report any and all violations of this Agreement to Dragonfly Senior Navigation Services LLC as follows:
Mailing Address:
Dragonfly Senior Navigation Services LLC Business & Law Center
1770 S. Randall Rd., Ste A, #267
Geneva, IL 60134
Telephone: 630-470-1910
Email: dragonflyseniornavigation@gmail.com
GOVERNMENT REQUESTS
In order to cooperate with governmental requests, warrants, subpoenas, or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
FOREIGN ACCESS OF WEBSITE
The website is controlled, operated, and administered by Dragonfly Senior Navigation Services LLC from our offices within the USA. If you access the website from a location outside the USA, you acknowledge and agree that you are responsible for compliance with all local laws and regulations. You agree that you will not use Dragonfly Senior Navigation Services LLC’s content accessed through the website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
COMPANY INFORMATION
Mailing Address:
Dragonfly Senior Navigation Services LLC
1770 S. Randall Rd., Ste A, #267
Geneva, IL 60134
Telephone: 630-470-1910
Email: dragonflyseniornavigation@gmail.com