Please read Smarter Seniors’s Terms of Use carefully before using Smarter Seniors’s website, http://smarter-seniors.com (the “Site”). By using the Site, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you must not use the Site. Your continued use of the Site will constitute your acceptance of these Terms of Use, as may be modified by Smarter Seniors at any time without notice to you. Please check this page regularly for updates.
By participating in the Service, you agree to these Terms and the Privacy Policy: http://smarter-seniors.com/privacy-policy.html
DISPUTE RESOLUTION/MANDATORY ARBITRATION PROVISION/GOVERNING LAW
By agreeing to receive SMS messages, phone calls, or emails, you agree to resolve any claim, dispute, or controversy (including, but not limited to, Telephone Consumer Protection Act claims) with Rigby Holdingsor its agents, publishers, or advertisers arising therefrom, through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration will take place in Austin, Texas and will be governed by the laws of Texas. This provision survives termination or expiration of this agreement.
Permitted Use
All of the content in the Site is made available only for your personal, lawful, non-commercial use in connection with seeking insurance. Use of the Site by a competitor company or other non-consumer third party is prohibited.
Except as expressly mandated by law, you may not, without our prior written permission: (i) link from another website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Site; or (iii) engage in systematic retrieval of data or other content from the Site.
Copyright and Trademarks
Except as otherwise indicated, all materials in the Site, including without limitation the Smarter Seniors logo and other Smarter Seniors trademarks and service marks, are the property of Rigby Holdings and are protected by international copyright and trademark laws, all rights reserved. © 2023 Rigby Holdings All rights reserved.” Any other use is prohibited.
Third-Party Sites
At times, the Site may have links to websites hosted by other parties (“Third-Party Sites”), or such Third-Party Sites may have links to the Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by IRigby Holdings of the Third-Party Sites. The Third-Party Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. Rigby Holdings does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Third-Party Sites. You should read the privacy policies and terms of use agreements of all Third-Party Sites.
Disclaimer of Warranties
All information, products, content and other materials in the Site, accessible from the Site, or in a Third-Party Site are provided “as is” and without warranties or representations of any kind, either express or implied. This means that Rigby Holdings expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. In addition, Rigby Holdingst does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any emails sent by Rigby Holdings, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to you or that you will qualify for products or services offered; (v) the materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of the United States or in jurisdictions in which Rigby Holdings is not properly licensed.
If you are in a state that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to you.
Mobile Terms and Conditions
These Terms ONLY APPLIES TO text messaging OPT INS:
- Smarter Seniors text messaging program- Our SMS campaign will inform our subscribers regarding new tips.
- Message frequency- Once you affirm your choice to opt-in to the Service, your message frequency may vary.
- Link to Privacy Policy- http://smarter-seniors.com/privacy-policy.html
- Carriers are not liable for delayed or undelivered messages
- Message and data rates may apply
- Mobile subscribers phone number Will NEVER be shared or sold to third parties
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and agree to these terms and conditions. In addition, you may not enroll if you are under 18 years old. Before the service starts, you will need to agree to these Terms. Rigby Holdings reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
Acknowledge that you do not have to agree to receive messages as a condition of purchase. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or update our records with your contact information, don’t hesitate to get in touch with info@insurance104.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Message Frequency
Once you affirm your choice to opt-in to the Service, your message frequency may vary.
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other costs incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Rigby Holdingsmay add or remove any wireless carrier from the Service at any time without notice. Rigby Holdings and mobile carriers are not responsible for any undue delays, delivery failure, or errors in messages.
To Stop the Service
To stop receiving text messages from, Smarter Seniors, text the word STOP to any of the text messages you have received from Smarter Seniors. This is the exclusive method for opting out. For Services operated through a different number, text STOP to that number to opt-out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Smarter Seniors and its service providers will have no liability for failing to honor such requests. In addition, if you unsubscribe from one of our text message programs, you may continue to receive text messages from Smarter Seniors through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt-out of the Service.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
Our SMS campaign currently updates our subscribers regarding policy changes, new programs, and program updates.
Limitation of Liability
Smarter Seniors shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if Smarter Seniors has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of Smarter Seniors’s gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.
If you are in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree in any event that Smarter Seniors’s total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use without notice to Smarter Seniors by discontinuing all use of the information contained in the Site and destroying the materials you have obtained from the Site, including all related documentation and copies. Rigby Holdings may terminate these Terms of Use and/or the products or services offered by Smarter Seniors at any time without notice to you if, in our sole judgment, you breach any term or condition of these Terms of Use. Upon termination, you must discontinue all use of the information contained in the Site and destroy the materials you have obtained from Smarter Seniors, including all related documentation and copies. Smarter Seniors is also entitled to terminate all or part of the Site at any time, without notice to you.
These Terms of Use state the entire agreement with regard to the items discussed above.
Questions
You can contact Smarter Seniors at info@smarter-seniors.com for further assistance.
Policy Last Revised: September 15, 2023