VENDOR TERMS AND CONDITIONS
Agreement between Vendor and AS2AC.com
Welcome to AS2AC.com at https://as2ac.com. The AS2AC.com website (the “Site”) is comprised of various web pages operated by American Senior 2nd Amendment Club, Inc. (“AS2AC”). AS2AC.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of AS2AC.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
AS2AC.com is a Blog Site located at https://as2ac.com.
AS2AC.com sells annual memberships to senior citizens aged 60+ for the purpose of obtaining discounts prices for products and services offered by participating vendors in the AS2AC Vendor Network.
Privacy
Your use of https://as2ac.com is subject to AS2AC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://as2ac.com or sending emails to AS2AC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AS2AC is not responsible for third party access to your account that results from theft or misappropriation of your account. AS2AC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Vendor Obligations
Vendor agrees to offer discount prices for all products and services rendered to verified AS2AC Members who present a current AS2AC Membership Card or electronic proof of membership. Discounts offered by Vendor for products and services rendered to verified AS2AC Members will be no less than 5% percent of the total price charged per transaction.
AS2AC Obligations
AS2AC agrees to list Vendor name and contact information in searchable AS2AC Vendor Network Directory available on AS2AC.com. AS2AC will assign a unique Vendor recruitment tracking code to Vendor upon account registration and offer Vendor the option to download official AS2AC Member recruitment logos and graphics for use on their official websites, blogs and email newsletters. AS2AC extends to Vendor no other implied or explicit permission to use AS2AC logos or graphics in any capacity except as noted above.
AS2AC will alert Vendor via email each time a new Member is recruited with the unique Vendor recruitment tracking code previously assigned to Vendor.
AS2AC agrees to remit to Vendor a referral fee sum of $.75 cents per month per active Member directly recruited by Vendor and attributed to the unique Vendor recruitment tracking code assigned to Vendor at time of registration. Payments to Vendor will be made quarterly within ten business days of the 1st calendar day of each quarter, each payment to include a full accounting of active Members attributed to Vendor at the time of payment. Any quarterly amount of less than $25 dollars due to Vendor at time of payment will accrue to the next calendar quarter.
Cancellation
Either AS2AC or Vendor may cancel this Agreement at any time for any reason via email notification. Upon cancellation AS2AC will remit to Vendor a final payment for recruitment referral fees still owed in the quarterly calendar payment directly following the cancellation notice. Henceforth, no more payments will be made to Vendor.
Upon cancellation, Vendor agrees to remove all AS2AC logos and recruitment graphics from all Vendor properties, on and offline.
Communication Services Policy
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
AS2AC operates a zero-tolerance Communications Services Policy for any uncivil online behavior by Vendors towards Members, Media Partners or other Vendors. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
AS2AC has no obligation to monitor the Communication Services. However, AS2AC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AS2AC also reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. AS2AC also reserves the right to terminate this Agreement for violations of this Communication Services Policy. Upon termination AS2AC will remit to Vendor a final payment for recruitment referral fees still owed in the quarterly calendar payment directly following the termination notice. Henceforth, no more payments will be made to Media Vendor.
AS2AC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AS2AC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AS2AC does not control or endorse the content, messages or information found in any Communication Service and, therefore, AS2AC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AS2AC spokespersons, and their views do not necessarily reflect those of AS2AC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Links to Third Party Sites/Third Party Services
https://as2ac.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AS2AC and AS2AC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AS2AC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AS2AC of the site or any association with its operators.
Certain services made available via AS2AC.com at https://as2ac.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://as2ac.com domain, you hereby acknowledge and consent that AS2AC may share such information and data with any third party with whom AS2AC has a contractual relationship to provide the requested product, service or functionality on behalf of https://as2ac.com users and members.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://as2ac.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to AS2AC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AS2AC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto without written permission from AS2AC.
You will 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 Site. AS2AC content is not for resale. Your use of the Site does not entitle you 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 as permitted herein, and will make no other use of the content without the express written permission of AS2AC 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 AS2AC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by AS2AC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AS2AC Content accessed through https://as2ac.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless AS2AC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AS2AC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AS2AC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or This is a RocketLawyer.com document.
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and AS2AC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMERICAN SENIOR 2ND AMENDMENT CLUB, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AMERICAN SENIOR 2ND AMENDMENT CLUB, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMERICAN SENIOR 2ND AMENDMENT CLUB, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICAN SENIOR 2ND AMENDMENT CLUB, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMERICAN SENIOR 2ND AMENDMENT CLUB, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
AS2AC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AS2AC as a result of this agreement or use of the Site. AS2AC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AS2AC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AS2AC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AS2AC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AS2AC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
AS2AC reserves the right, in its sole discretion, to change the Terms under which https://as2ac.com is offered. The most current version of the Terms will supersede all previous versions. AS2AC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
AS2AC welcomes your questions or comments regarding the Terms:
American Senior 2nd Amendment Club, Inc.
Delray Beach, Florida 33446
Email Address: vendor@as2ac.com
Effective as of January 01, 2021