Terms of Use


Last
Updated: July 21, 2024


1. Your Acceptance


Welcome to the Terms of Use
for the
Ads Pulse Media. website, https://seniorpiggybank.com/.
This
is an agreement (“Agreement”) between
Ads Pulse Media.
(“APM”), the owner and operator of the APM website (the “Site”) and you (“you”,
“your” or “user(s)”), a user of the Site.


Throughout this Agreement,
the words “APM,” “us,” “we,” and “our,” refer to our company, APM, as is
appropriate in the context of the use of the words.


This Agreement represents
your assent to the terms hereunder and including your agreement that APMmay
call and text you regarding its services and monitor and record any telephone
calls made or received by APM for the business purposes of APM or any of its
subsidiaries, employees, contractors, agents, business partners, their Affiliates
as defined herein (including those listed here), or any other third parties
permitted to receive your information under this Agreement (“Affiliates”).


By clicking “I agree” or
accessing the Site you agree to be bound by this Agreement, the Privacy Policy,
and the Cookie Policy. We may amend this Agreement at any time and may notify
you if we do so. Please be aware that there are ARBITRATION AND CLASS ACTION
PROVISIONS contained in this Agreement.


2. Information Submission


Portions of the Site may allow
you to submit information to us. You must fully complete the information
submission process by providing us with your current, complete, truthful, and
accurate information as prompted by the applicable form.


3. Content Disclaimer


APM is an online marketing
company that participates in a network of service providers that may sell you
certain Medicare or health insurance products and services for personal and/or
business use. APM may directly sell you products or services, and we may
provide customer service for services or sold products directly offered by APM.
If you agree to utilize the services or products offered, you are entering into
a contractual relationship with either a third-party provider that is a part of
our network or APM directly. APM does not make any representations or
warranties with respect to any product or service sold on this Site or
otherwise.


 


You understand that a
third-party provider is acting as an Affiliate of APM. An Affiliate may have
its own terms and conditions and may contact you directly to market its own
products and services. APM is not the same company or entity as these
Affiliates; APM may collect your personal information such as a telephone
number, authorized by your use of this Website or otherwise, give your personal
information to an Affiliate, such as your phone number as authorized by you by
contacting APM through the use of the Website or otherwise. You understand that
if you are sold a product or service by an Affiliate, APM does not offer
customer support for products or services sold by an Affiliate, and any
contractual relationship you form for such products or services will be formed
between you and the Affiliate.


 


You agree to the use of
this Site at your own risk. Likewise, you agree that supplies and products
purchased through this Site or otherwise can cause harm; thus, you assume the
risk associated with that harm and grant APM a full liability release with
respect to your usage of this Site, the products purchased on this Site, and
the use of such products by you. APM disclaims all implied warranties,
including and not limited to implied warranties of merchantability and fitness
for a particular reason. You agree that the APM Content (defined in Section 4
herein) may be inaccurate, unsubstantiated, cause irreparable harm to your
devices used for accessing this Site, or possibly even incorrect. You agree to
release us from any liability that we may incur for making available any APM
Content. You further release us from any claims of damages that could arise
from the use of the Site, including, but not limited to, indirect, direct
incidental, punitive, and consequential damages.


4. Communications and TCPA


By calling one of the
Site’s phone numbers or by providing us with a telephone or other contact information,
you assent and agree to allow APM and its Affiliates to contact you via
telephone, whether by ‘live-calls,’ auto-dialers, pre-recorded messages, or SMS
text messaging.


 


If you wish to opt-out of
receiving phone calls, pre-recorded messages, SMS messaging or other
communication efforts by APM, you must inform us at
contact@adspulsemedia.com or by using the “STOP” feature (or similar
feature) available to you via SMS.


 


You further understand and
agree that while we process your opt-out request that you may (1) continue to
receive communications prior to the opt-out request processing; (2) receive a
communication confirming receipt of your opt-out request; and (3) continue to
receive non-marketing communications by email or to a non-wireless number,
providing confirmations or updates related to your account, policy, or
transactions provided by APM’s or its Affiliate’s services.


5. Ownership


The Site and any related
services provided by the Site are owned and operated by APM including all text,
data, graphics, photographs, images, audio, video, trademarks, service marks,
trade names and other information, visual or other digital material, software
(including source and object codes) and all other content or any description
available on the Site or available via a link from Site to a page created by
APM on another website (collectively, the "APM Content"). The APM
Content is the sole property of APM and/or its licensors. All APM Content is
protected by US and international copyright, trademark, service-marks, patents,
trade secrets, and other proprietary rights and laws. Use of the APM Content
for any purpose not expressly permitted in this Agreement or otherwise
consented to by APM is prohibited. You may not otherwise copy, reproduce,
perform, distribute, display or create derivative works of the APM Content.


6. Privacy


Please read APM’s Privacy
Policy for more information regarding our collection and use of your
information. The APM Privacy Policy is integrated into this Agreement, by
reference and you must agree to all provisions of our Privacy Policy before
using our Site. You may not be required to create a user account when you use
our Site; however, we may collect information from you when you submit an
inquiry or comment through the Site.


7. Site Availability and
Modification


Although we attempt to
provide continuous Site availability to you, we do not guarantee that the Site
will always be available, work, or be accessible at any particular time. We
reserve the right to alter, modify, update, or remove our Site at any time. We
may conduct such modifications to our Site for security reasons, intellectual
property, legal reasons, or various other reasons at our discretion; however,
nothing in this section obligates us to take measures to update the Site for
security, legal, or other reasons.


8. Third-Party Links


The Site may contain links
to third-party websites that are not owned or controlled by APM. APM has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third-party websites. In addition, APM will not and cannot
censor or edit the content of any third-party site. By using the Site, you
expressly relieve APM from any and all liability arising from your use of any
third-party website.


9. Your Conduct While Using
The Site


When accessing or using our
Site, you are solely responsible for your actions, and you agree to abide by
the following rules of conduct:


● You will not copy,
distribute, or disclose any part of the Site in any medium, including without
limitation by any automated or non-automated “scraping;”


● You will not attempt to
interfere with, compromise the system integrity or security, or decipher any
transmissions to or from the servers running the Site;


● You will not use any
robot, spider, crawler, scraper, or other automated means or interface not
provided by us to access the Site or to extract or export data collected
through the Site;


● You will not take any
action that imposes, or may impose at our sole discretion, an unreasonable or
disproportionately large load on our infrastructure;


● You agree not to use the
Site to stalk, harass, bully, or harm another individual;


● You agree that you will
not hold APM responsible for your use of the Site;


● You agree not to violate
any requirements, procedures, policies, or regulations of networks connected to
APM;


● You agree not to
interfere with or disrupt the Site;


● You agree to not violate
any US federal laws, state laws, or local laws while using the Site; and


● You agree not to use the
Site in any way that is: misleading, unlawful, defamatory, obscene, invasive,
threatening, or harassing.


If you are discovered to be
undertaking any of the aforementioned actions your privileges to use our Site
may at our discretion be terminated or suspended. Generally, we will provide an
explanation for any suspension or termination of your use of any of our Site,
but APM reserves the right to suspend or terminate your access at any time
without notice or explanation.


10. User Content


A user’s ability to submit
or transmit any information through the Site, including but not limited to
text, information, photos, images, or any other information will be referred to
as “User Content” throughout this Agreement. All User Content you submit to the
Site is owned by you. When you submit any User Content to us, you grant APM its
partners, affiliates, users, and representatives and assigns a non-exclusive,
limited, fully-paid, royalty-free, irrevocable, world-wide, universal,
transferable, assignable license to display, distribute, store, broadcast, transmit,
reproduce, modify, prepare derivative works, or use and reuse, all or any part
of your User Content. Please be aware that we are not required to host,
display, migrate, or distribute any of your User Content and we may refuse to
accept or transmit any User Content. You agree that you are solely responsible
for any User Content submitted and you release us from any liability associated
with any User Content submitted. You understand that we cannot guarantee the
absolute safety and security of any such User Content. Any User Content found
to be in violation of this Agreement or that we determine to be harmful to the
Site may be modified, edited, or removed at our discretion. APM does not
endorse and may not verify, monitor, or restrict any of its users or any User
Content submitted. You agree that any User Content or any other information may
be inaccurate, unsubstantiated, or possibly even incorrect.


11. Limitation of
Liability; Representations and Warranties


USE OF THIS SITE INCLUDING ANY APM CONTENT, IS AT YOUR EXCLUSIVE
RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THE
SITE INCLUDING ANY APM CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE,
“WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, APM DOES
NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS,
ADEQUACY, OR SUITABILITY OF ANY APM CONTENT. APM DOES NOT WARRANT THAT THE SITE
AND ANY APM CONTENT WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM
DEFECTS OR ERRORS; OR (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE
EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS,
AGENTS, AFFILIATES AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US
RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF
MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL,
DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY
FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND
EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT
ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABLITY TO YOU
WILL NOT EXCEED $100 USD. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW
JERSEY USERS, OUR LIABILITY TO NEW JERSEY USERS IS THE MINIMUM AMOUNT REQUIRED
UNDER NEW JERSEY STATE LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED,
WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY APM’S
NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES, OR AGENTS; (B) FRAUDULENT
MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE
EITHER NOW OR IN THE FUTURE. WE DO NOT OFFER OR PROVIDE TAX, LEGAL, OR
INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR
FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS
SITE IS CONTINUALLY UNDER DEVELOPMENT AND APM MAKES NO WARRANTY OF ANY KIND,
IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR
ANY PURPOSE. WE ARE NOT AFFILIATED WITH ANY GOVERNMENTAL AUTHORITY, WHETHER
FEDERAL, STATE, OR LOCAL, NOR DO WE SELL SERVICES OR PRODUCTS TO CONSUMERS. ALL
SERVICES OR PRODUCTS MUST BE PURCHASED THROUGH OUR THIRD-PARTY NETWORK MEMBERS.


12. Release


IF YOU ARE A RESIDENT OF A
JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE
FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF
THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542,
WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE
CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION,
OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU
RELEASE US FROM ANY LIABILITY RELATING TO OUR SITE OR APM CONTENT, AND YOU
RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS FROM ANY
CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH ANY CLAIM YOU HAVE AGAINST US. THIS RELEASE DOES NOT APPLY TO NEW JERSEY
USERS.


13. Indemnity


You agree to defend,
indemnify and hold harmless APM, its officers, directors, employees, affiliates,
and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from:


● your use of any APM
Content;


● your violation of any
term of this Agreement; and


● your use of the APM Site.


This defense and
indemnification obligation will survive this Agreement. You also agree that you
have a duty to defend us against such claims and we may require you to pay for
an attorney(s) of our choice in such cases. You agree that this indemnity
extends to requiring you to pay for our reasonable attorneys’ fees, court
costs, and disbursements. In the event of a claim such as one described in this
paragraph, we may elect to settle with the party/parties making the claim and
you shall be liable for the damages as though we had proceeded with a trial.


14. Copyrights


We take copyright
infringement very seriously, if you live within the US or own any copyrighted
material within the US and believe that your copyright has been infringed,
please send us a message which contains:


● Your name.


● The name of the party
whose copyright has been infringed, if different from your name.


● The name and description
of the work that is being infringed.


● The location on our
website of the infringing copy.


● A statement that you have
a good faith belief that use of the copyrighted work described above is not
authorized by the copyright owner (or by a third-party who is legally entitled
to do so on behalf of the copyright owner) and is not otherwise permitted by
law.


● A statement that you
swear, under penalty of perjury, that the information contained in this
notification is accurate and that you are the copyright owner or have an
exclusive right in law to bring infringement proceedings with respect to its
use.


You must sign this
notification and send it to our Copyright Agent: Copyright Agent of APM,
contact@adspulsemedia.com


15. Choice of Law


This Agreement shall be
governed by the laws in force in the State of California. The offer and
acceptance of this contract is deemed to have occurred in the State of
California.


16. Forum


By using this Site, you
agree that: (1) any claim, dispute, or controversy you may have against us, APM
or the Site arising out of, relating to, or connected in any way with this
Agreement or any products purchased shall be resolved exclusively by final and
binding arbitration administered by the American Arbitration Association
(“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer
Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim
or dispute must be brought within one (1) year of the first date of the event
giving rise to such action (does not apply to New Jersey users) and the
arbitration shall be held in Los Angeles, CA or at such other location as may
be mutually agreed upon by you and APM; (3) the arbitrator shall apply Utah law
consistent with the Federal Arbitration Act and applicable statutes of
limitations, and shall honor claims of privilege recognized at law; (4) there
shall be no authority for any claims to be arbitrated on a class or
representative basis; arbitration can decide only your and/or APMs individual
claims; and the arbitrator may not consolidate or join the claims of other persons
or parties who may be similarly situated (this does not apply to New Jersey
users); (5) both parties will bear their own costs of representation and filing
for the dispute; (6) where possible and allowed for under the AAA Rules and
Procedures both parties shall be entitled to appear electronically or
telephonically for all proceedings; and (7) with the exception of subpart (4)
above, if any part of this arbitration provision is deemed to be invalid,
unenforceable or illegal, or otherwise conflicts with the Rules and Procedures
established by AAA, then the balance of this arbitration provision shall remain
in effect and shall be construed in accordance with its terms as if the
invalid, unenforceable, illegal or conflicting provision were not contained herein.
If, however, subpart (4) is found to be invalid, unenforceable or illegal, then
the entirety of this Arbitration Provision shall be null and void, and neither
you nor APM shall be entitled to arbitrate their dispute. For more information
on AAA and its Rules and Procedures, users may visit the AAA website at
http://www.adr.org. In the event that any portion of this arbitration provision
is found to be unenforceable or void, both parties agree to settle any disputes
arising out of this Agreement in a court of competent jurisdiction located in
Los Angeles, CA.


17. Class Action Waiver


You and APM agree that any
proceedings to resolve or litigate any dispute whether through a court of law
or arbitration shall be solely conducted on an individual basis. You agree that
you will not seek to have any dispute heard as a class action, representative
action, collective action, or private attorney general action.


18. Severability


In the event that a
provision of this Agreement is found to be unlawful, conflicting with another
provision of the Agreement, or otherwise unenforceable, the Agreement will
remain in force as though it had been entered into without that unenforceable
provision being included in it.


If two or more provisions
of this Agreement or any other agreement you may have with APM are deemed to
conflict with each other’s operation, you agree that APM shall have the sole
right to elect which provision remains in force.


19. Non-Waiver


We reserve all rights
permitted to us under this Agreement as well as under the provisions of any
applicable law. Our non-enforcement of any particular provision or provisions
of this Agreement or any applicable law should not be construed as our waiver of
the right to enforce that same provision under the same or different
circumstances at any time in the future.


20. Survival


All provisions of this
Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability. You agree that we are not
required to provide you with access to our Site and may terminate our Site or
your access to the Site at any time and for any reason.


21. Age


All users who access the
Site must be 18 years of age or older.


22. Order Acceptance Policy


Your receipt of an
electronic or other form of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. APM
reserves the right at any time after receipt of your order to accept or decline
your order for any reason or to supply less than the quantity you ordered of
any item.


23. Assignment


You may not assign your
rights and/or obligations under this Agreement to any other party without our
prior written consent. We may assign our rights and/or obligations under this
Agreement to any other party at our discretion.


24. Amendments


We may amend this Agreement
from time to time. When we amend this Agreement, we will update this page and
indicate the date that it was last modified or we may email you. You may refuse
to agree to the amendments, but if you do, you must immediately cease using our
Site.


25. Electronic
Communications


The communications between you and APM use electronic means,
whether you visit the Site or send APM e-mails, or whether APM posts notices on
the Site or communicates with you via e-mail. For contractual purposes, you (1)
consent to receive communications from APM in an electronic form; and (2) agree
that all terms, conditions, agreements, notices, disclosures, and other
communications that APM provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect your statutory rights.


26. TCPA


The Telephone Consumer
Protection Act of 1991 (“TCPA”) protects consumers from unwanted telemarketing
calls, preordered or autodialed calls, fax transmissions and text messages. By
visiting this website, contacting either APM, and/or using APM’s services or
products, you agree to allow APM and its Affiliates to contact you via
telephone, whether by ‘live-calls,’ auto-dialers, or pre-recorded messages and
SMS text messaging. If you wish to opt-out of receiving phone calls,
pre-recorded messages, SMS messaging or other communication efforts by APM, you
must inform us at
contact@adspulsemedia.com or by using the “STOP”
feature (or similar feature) available to you via SMS.


27. California Users


Pursuant to California
Civil Code Section 1789.3, any questions about pricing, complaints, or
inquiries about c must be sent to our agent for notice to:
contact@adspulsemedia.com


Lastly, California users
are also entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625
North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or
(800) 952-5210.


28. Digital Millennium
Copyright Act of 1998.


The Digital Millennium
Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights under
the U.S. copyright law. If you believe in good faith that materials hosted by
APM infringe your copyright, you, or your agent may send to APM a notice
requesting that the material be removed or access to it be blocked. Any
notification by a copyright owner or a person authorized to act on its behalf
that fails to comply with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon APM actual knowledge
of facts or circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send to APM a
counter-notice. All notices and counter notices must meet the then current
statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright
for
details. APM Copyright Agent for notice of claims of copyright infringement
or counter notices can be reached as follows:
contact@adspulsemedia.com