TERMS OF USE

These Terms of Use (this “Agreement”) are a binding agreement between Delaware Retiree, LLC, a Delaware limited liability company, d/b/a Delaware Retiree Connection™ (the “Company”, “we,” “us” or “our”), and any person who accesses the “Website” or otherwise establishes a connection to the Services, as those terms are defined below (such person being a “User” or “you”). 

Please read this Agreement carefully. By using or otherwise accessing the Services, or indicating your assent hereto by clicking ”I agree” or similarly expressing acceptance where other options exist, you will be deemed to have accepted the terms of this Agreement. The Company retains any rights not specifically granted to you in this Agreement.

1. ACCESS TO THIS SITE

By accessing or establishing a connection to any part of our website, www.DelawareRetiree.com (the “Website”), or other software, resources or services available through the Website (collectively, the “Services”), you agree to comply with all of the terms of this Agreement. You agree that the Company may, without prior notice and for any reason or no reason, and without liability to you or any third-party, immediately terminate your access to the Services and any account you have established with us on the Website.

2. HOW THE SERVICES WORK

The Services help Users (a) research and learn about why the State of Delaware, to many, is a retirement destination of choice, and (b) make connections with (i) other members or public users of the Website with similar interests or (ii) persons (including affiliated and non-affiliated companies) in Delaware rendering services or selling products in areas you have indicated an express interest or we have determined you may have an interest. Users have the option of connecting with these parties for such purposes.

3. FEES

The Company does not charge fees to you to use the Website. If you elect to engage in a transaction with a person (including legal entities) to whom you have found or been referred or met via the Services, you will be responsible for any fees charged by that person, which will be described in any agreement between you and that person. The Company will not be a party to any agreement between you and another person you meet through the Website, regardless of whether or not such person is affiliated with the Company.

4. ACCOUNT REGISTRATION, COMMUNICATION AND CANCELLATION

As part of the Services, Users have the option of (a) registering to join one or more “Connection Groups” on the bulletin board system provided by the Website, and (b) completing a membership form on the Website to register as a “member” of the Website, which grants us permission, and the right, (i) to contact members via phone, text, or email by one of our agents or service representatives, and (ii) to assign such contact rights to third parties (affiliated and non-affiliated) designated and authorized by the Company.

There is no cost to register to join the bulletin board system provided by the Website or to create an account and register as a member.

Users who have registered to be a member also have the option to receive communications from us in the form of newsletters, updates regarding selected items of interest, and email notifications about items matching criteria you have selected. Members may unsubscribe from these optional communications at any time. (Account-related communications cannot be limited.)

By registering with us on the Website, you agree you have a sincere interest in possibly retiring in Delaware and/or learning why many consider Delaware to be the retirement destination of choice.

Users who have chosen to register with us on the Website may cancel their registration by submitting a cancellation request to info@delawareretiree.com.

5. POLICIES

The Company’s Privacy Policy describes the Company’s policies with respect to collection and use of your personal and other information. By accessing the Website or using the Services, or indicating your assent by clicking ”I agree” or similarly expressing acceptance where other options exist on the Website, you will be deemed to have accepted the terms of our Privacy Policy.

The Company’s Discussion Group Policy describes the Company’s policies with respect to your participation in one or more “Connection Groups” on the bulletin board system provided by the Website. By joining a Connection Group, you will be deemed to have accepted the terms of our Discussion Group Policy.

6. RESTRICTIONS ON USE

As a User, you may access the Services only for your personal, non-commercial use. You may not use the Services for any other purpose. You may not, for example, (i) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services or the Website other than for personal use or as specifically permitted in this Agreement, without the Company’s written consent, (ii) use the Services in any harmful manner including damaging, disabling, overburdening, or impairing the Website or its functionality, or (iii) interfere with any person’s use or enjoyment of the Services or access to the Website. You agree to cooperate with the Company in causing any unauthorized use of the Services through your account to immediately cease.

7. OWNERSHIP

The material accessible from the Website, including text, data, images, interfaces and other materials or works of authorship (collectively, the “Content”), is owned or licensed by the Company. You may not copy, distribute, republish, upload, post, or transmit Content in any way without the prior written consent of the Company, except that you may store or print limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

The Company’s name, logos, and other product and service identifiers are the Company’s trademarks and service marks. All other marks appearing on the Website are the property of their respective owners. No rights are granted to you in these marks.

8. USER SUBMISSIONS

A “Submission” means any information, ideas or materials that Users provide to us via any post, upload, input, or other submission to or on the Website. You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payment. You represent that you own or otherwise possess all of the rights to any Submissions.

You may not post, send, submit, publish, or transmit in connection with the Services any material that (i) you do not have the right to post, including proprietary material of any third party, (ii) advocates illegal activity or discusses an intent to commit an illegal act, (iii) is vulgar, obscene or threatening, (iv) libels, defames, or invades the privacy of other users, (v) does not pertain directly to the subject matter of the Services or advertises another product or service, (vi) includes programs that contain viruses, worms, or any other malicious computer code, or (vii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Without limiting the foregoing responsibilities of Users, the Company may monitor use of the Website to determine compliance with this Agreement. The Company may remove or refuse Submissions for any reason.

By using the Website and our Services, you are agreeing to comply fully with our Privacy Policy, our Discussion Group Policy, and this Agreement.

9. RECORDED CALLS AND CHATS

The Company may provide phone numbers and chat windows that can connect you with our customer service team. Calls through our customer service team may be recorded or monitored for quality assurance and customer service purposes. If you talk or chat with our customer service team, you consent to such recording and monitoring. We may store information that you provide in communications to us, including from phone calls, letters, emails and other electronic messages, or in person. The Company will treat recorded calls in accordance with the Privacy Policy. If a call or chat is recorded between you and a third party, it will be deemed private information of both you and the third party, and may be released to either you or the third party.

10. HYPERLINKS

The Website may include hyperlinks to other websites that are not owned or operated by the Company. These links are provided for your convenience, and the Company may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. The Company has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. You should read the privacy policies of any third-party website you visit and be cautious clicking on any hyperlinks you do not trust or know because of the risk of malware. Ultimately, our goal is to protect the users of the Website, and we therefore invite feedback about websites that are linked from the Website.

11. SECURITY AND SECURITY VIOLATIONS

If you, the User, have registered an account for the Services, passwords used to access the Services are for your individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that the Company considers insecure, the Company may require you to change the password or terminate your account.

You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by (i) accessing data not intended for you or logging into an account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, (iii) attempting to interfere with service to any member, public user, host or forum provided for discussion, including without limitation, by submitting a virus to the Services, (iv) sending unsolicited e-mail, (v) forging any TCP/IP packet header or any part of the header information in any e-mail, or (vi) attempting to reverse engineer any of the software making up any part of the Services.

The Company will take all reasonably necessary steps to investigate suspected violations of this Agreement. The Company reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing the Company to disclose the identity of anyone engaging in conduct that is believed to violate the law. The Company further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.

You release the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

12. FAIR HOUSING ACT AND AMERICANS WITH DISABILITIES ACT COMPLIANCE

The Company believes in non-discriminatory practices and supports the Fair Housing Act and the Americans With Disabilities Act.

The Fair Housing Act (42 U.S.C. 3601 et seq.) prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of:

• Race or color,
• Religion,
• Sex,
• National origin,
• Familial status, or
• Disability.

The Americans With Disabilities Act, 42 U.S.C 12101 et seq., prohibits entities from denying individuals an opportunity to participate in or benefit from goods or services based on an individual’s disability. We strive to provide Services to all individuals regardless of disability, and we will update our Services if you notify us of an issue.

13. IMPORTANT DISCLAIMERS

Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. The Company disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

By way of illustration, and without limiting the generality of the above disclaimer, the Company disclaims any warranty that:

• The Services will be uninterrupted or error-free, or that defects will be corrected;
• The Website or the server that makes it available are free of viruses or other harmful components; or
• The Content is accurate, complete, or free of typographical errors.

14. LIMITATION ON LIABILITY

The Company, its subsidiaries, affiliated companies, licensors, service providers, content providers, employees, agents, officers, and managers will not be liable to User for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages.

15. INDEMNIFICATION

To the maximum extent permitted by law, you shall defend and indemnify the Company, its subsidiaries, affiliated companies, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your use of the Services or your breach of any representation contained in this Agreement. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

16. AMENDMENT

This Agreement (together with our Privacy Policy and Discussion Group Policy) constitutes the entire agreement between the parties relating to the subject matter contained herein (and therein). The Company may modify this Agreement and its policies at any time by posting the revised terms and policies on the Website. Continued use of the Website or access of the Services after modification will constitute your acceptance of this Agreement as modified.

17. DISPUTE RESOLUTION; WAIVER

All disputes relating to the interpretation of this Agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Wilmington, Delaware. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.

You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

The parties to this Agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this Agreement that might cause irreparable harm (without any requirement to post bond).

18. MISCELLANEOUS

This Agreement shall be governed and interpreted pursuant to the laws of the State of Delaware, United States of America, without regard to its choice of law rules. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by the Company via e-mail, to the address that you provided when registering for the Services, and will be effective upon transmission.

All provisions of these terms which by their nature should survive cancellation of your account shall survive, including Sections 7, 8, and 14 through 18.

19. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE TO COPYRIGHT OWNERS

The Company owns, protects and enforces copyrights in its own creative material and respects the copyrights of others. Materials may be made available at the Website within the Services provided at the Website by third parties not within our control. It is our policy not to permit materials known to be infringing to remain available through the Services or on the Website.

In accordance with the Digital Millennium Copyright Act, or “DMCA,” you should notify the Company promptly if you believe that any materials displayed on the Website or within the Services infringe your copyright. Regardless of whether Delaware Retiree, LLC is liable for such infringement, our response may include removing or disabling access to material claimed to be infringing and/or terminating the alleged infringer’s access to the Website. If we remove or disable access to material in response to your notice, we will make a good-faith attempt to contact the person who submitted the material so that they may have the opportunity to submit a counter-notification.

Please send all notices to our editor by email to info@delawareretiree.com or by physical delivery to: P.O. Box 1477, Rehoboth Beach, DE 19971, Attention: Editor.

Your notice of alleged copyright infringement should include:

• A description of how your copyrighted work or other intellectual property has been infringed;
• A description of where the infringing material is located on the Website;
• Your address, telephone number, and e-mail address;
• A statement that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
• Your electronic or physical signature.

Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether material available on the Website infringes your copyright, or whether material posted by you are infringing the rights of others, you should seek legal advice.

20. CONTACT AND FEEDBACK

We welcome and encourage feedback, comments and suggestions for improvements to the Website and Services (“Feedback”). You may submit Feedback, questions, claims or complaints with respect to the Services by emailing us at info@delawareretiree.com, through the “Help” section of the Website or by calling 412-496-7709. If you’d like to submit your Feedback, claims or complaints to the Company in writing, please direct correspondence to:

Delaware Retiree, LLC

            P.O. Box 1477 

Rehoboth Beach, DE 19971

E-mail: info@delawareretiree.com

If you provide Feedback to the Company, you hereby assign to the Company all rights in such Feedback and agree that the Company may use and fully utilize that Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.